Can a Bee Ever Be a Fish? Ah, Definitions…

By: Michael M. Berger
– Daily Journal

In Manatt Appellate Senior Counsel Michael Berger’s latest column for Daily Journal, he discussed how the application of various canons of statutory construction can reach results showing that the Legislature’s intent to protect “fish” made that word a “term of art” that somehow included insects, in this case, bumblebees. “The [Almond Alliance of California v. Fish and Game Commission] opinion proceeds through 35 typed pages to examine some of our favorite modes of legislative interpretation to conclude that, indeed, when the legislature said it wanted to protect ‘fish,’ it intended to include ‘bumble bees,’” Berger said. He advised: ““For anyone involved in a case where the use (and rejection) of legislative history is important, don’t miss this case.” 

Daily Journal subscribers can read the full article here



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