Armstrong v. State

— Ronald and Melvin Armstrong (the Armstrongs) filed a class action lawsuit against the Depart ment of Fish and Wildlife (Department) 1 seeking to enjoin enforcement of a regulation requiring modern gun hunters to wear fluorescent orange clothing while hunting. The Armstrongs argued that the Department did not have statutory authority to adopt and enforce the regulation. The trial court denied class certification and preliminary injunctive relief. The Armstrongs appeal from the superior court’s ruling that the regulation was valid. We hold that the Department acted within its delegated…