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Court rejects deer-management lawsuit
Wednesday, January 10, 2007

HARRISBURG, Pa. (AP) -- A state court Wednesday dismissed a lawsuit challenging the Pennsylvania Game Commission's deer-management program, saying the sportsmen's group that sued lacks a legal foundation for its claim.

The Unified Sportsmen of Pennsylvania asked the Commonwealth Court to order specific changes in the program, including an immediate end to the hunting of female deer pending a scientific study, on grounds that the current rules threaten to decimate the herd.

But a three-judge panel said the game commission is legally required to manage the deer and has discretion over how to do that. The panel said the sportsmen's group cannot use the courts to change policies it disagrees with.

Members of the group, which claims to represent more than 40,000 hunters and outdoorsmen, "do not aver the game commission failed to exercise its discretion; rather, they seek to compel the exercise of discretion in a specific manner," Judge Robert Simpson said in a 12-page decision.

The commission hailed the ruling as judicial recognition that the deer-management program "is being conducted in a sound, methodical and scientific manner."

"We believe that most hunters and the general public recognize the need to reduce our state's deer herd is a short-term pain that we must endure in order to achieve long-term gain," said commission spokesman Jerry Feaser.

The chairman of the sportsmen's group, Gregory Levengood of Boyertown, did not immediately respond to a telephone message left at his home.

The lawsuit, originally filed in August 2005 and since amended, was part of a campaign by some hunters to increase the deer population. That pitted them against state officials, conservationists and farmers who warned of the environmental dangers of overpopulation.

Feaser said the rules are designed to improve the health of the deer herd, encourage a healthy habitat for the animals and reduce conflicts between humans and deer.

First published on January 10, 2007 at 12:00 am
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