Ferret Writ & APA Timeline
A chronological look at the legal and administrative path from the original writ, through Petition 2025-003, and the continuing dispute over California’s duty to meaningfully process a rulemaking petition under the Administrative Procedure Act.
CEQA/EIR Package Submitted to Fish and Game Commission
Pat Wright submits ferret CEQA/EIR materials and requests clarification regarding the Commission’s role as lead agency after prior discussions indicating ferret proponents would need to fund environmental review.
Initial Draft Writ Prepared
An early draft Petition for Writ of Mandate is prepared challenging California’s classification of domestic ferrets as “wild animals” without scientific study, formal hearings, or meaningful administrative review.
Expanded Writ Draft Incorporates Scientific and Legal Exhibits
A revised writ draft adds California Civil Code §655, rabies vaccine evidence, peer-reviewed environmental material, and expanded domestication arguments.
San Diego Superior Court Assigns Writ Case
San Diego Superior Court assigns Wright v. Sklar, Case No. 37-2024-00006114-CU-MC-CTL, to Judge Carolyn Caietti in Department C-70 and schedules an August 16, 2024 Case Management Conference.
ADR Concerns Raised
Pat Wright submits an addendum to ADR paperwork expressing concern that the California Fish and Game Commission repeatedly changed procedural expectations and that trust in informal resolution had deteriorated.
California DOJ Raises Service Issues; Service Documents Sent
Deputy Attorneys General notify Pat Wright that the Commission had received the petition but had not yet been properly served. Plaintiff then mails summons, complaint, and related materials to the Commission and Attorney General’s Office.
Receipt Acknowledged by Attorney General’s Office
Signed Notice and Acknowledgment of Receipt forms are returned documenting receipt of litigation materials associated with Wright v. Sklar.
Writ Filings Expand the Scientific and Legal Record
Plaintiff files case management and writ materials arguing that California’s classification of domestic ferrets is arbitrary, unsupported by proper scientific studies, and lacking meaningful procedural safeguards.
Amended Verified Complaint Filed
An amended writ complaint updates respondents to include the California Fish and Game Commission and Samantha Murray as Commission President.
Motion to Stay Filed Pending OAL Petition
Plaintiff seeks a stay of proceedings to pursue an Administrative Procedure Act petition with the California Office of Administrative Law regarding the ferret ban under Title 14 §671.
FGC-1 Process and APA Dispute
Commission staff assign tracking number 2024-15 and instruct that the petition must proceed through Form FGC-1. Pat Wright argues the petition is being submitted under the Administrative Procedure Act and requests authority explaining why APA protections would not apply.
Executive Director Acknowledges APA Dispute
Fish and Game Commission Executive Director Melissa Miller-Henson acknowledges receipt of Wright’s APA compliance letter and states that the matter will be reviewed with legal counsel due to its similarity to ongoing litigation.
Original Writ Dismissed Without Prejudice
Plaintiff voluntarily dismisses Case No. 37-2024-00006114-CU-MC-CTL without prejudice in order to pursue the matter through the Administrative Procedure Act process.
Petition 2025-003 Submitted
Petition 2025-003 is submitted to the California Fish and Game Commission pursuant to Government Code §11340.7 seeking reconsideration of California’s continued classification of domestic ferrets as restricted animals.
Petition 2025-003 Accepted for Further Consideration
The California Fish and Game Commission formally accepts Petition 2025-003 during its public meeting and refers the matter to the California Department of Fish and Wildlife for further review and recommendation.
Petition Remains Pending Without Final Resolution
Following acceptance of Petition 2025-003, no final written disposition is issued, no public hearing is scheduled, and no written determination appears in the California Regulatory Notice Register.
Public Records Act Requests Seek Evidence of Agency Review
Pat Wright submits Public Records Act requests seeking records relating to evaluation, environmental review, scientific analysis, and internal agency handling of Petition 2025-003. Agencies later report that no responsive evaluation records concerning substantive review could be located.
Final Notice of Statutory Noncompliance Sent
Pat Wright transmits a Final Notice of Statutory Noncompliance asserting that indefinite continuation of Petition 2025-003 without meaningful procedural resolution violates Government Code §11340.7 and gives the Commission an opportunity to cure before litigation.
Sacramento Writ of Mandate Filed
A new Petition for Writ of Mandate is filed in Sacramento Superior Court, Case No. 26WM000073, seeking to compel the California Fish and Game Commission to conclude administrative handling of Petition 2025-003 in a manner consistent with Government Code §11340.7.
Summons Issued and Service Completed
Sacramento Superior Court issues summons in Case No. 26WM000073. The California Department of Fish and Wildlife is served through substituted service, followed by mailing of summons and petition materials.
Demurrer Phase Begins
Respondents challenge the Sacramento writ through demurrers arguing, among other things, that Government Code §11340.7 does not impose a mandatory duty to issue a written determination within a fixed period and raising questions regarding the scope of the Commission’s authority over ferret classification petitions.
Petition 2025-003 Remains Unresolved
Petition 2025-003 remains unresolved while litigation continues regarding the procedural obligations of California agencies under the Administrative Procedure Act and Government Code §11340.7.
The Central Question
Can a California agency satisfy the Administrative Procedure Act by accepting a petition for “further consideration,” then leaving it unresolved without a final decision, public hearing, written disposition, or meaningful record of review?