NATIONAL PORK PRODUCERS COUNCIL; AMERICAN FARM BUREAU FEDERATION v. KAREN ROSS, in her official capacity as Secretary of the California Department of Food & Agriculture and THE HUMANE SOCIETY OF THE UNITED STATES; ANIMAL LEGAL DEFENSE FUND;ANIMAL EQUALITY
The Ninth Circuit has affirmed the dismissal of a challenge brought by the American Farm Bureau Federation and the National Pork Producers Council to California Proposition 12, a law prohibiting certain confinement methods used in animal agriculture. The court held that the complaint did not plausibly plead that Proposition 12 violates the dormant Commerce Clause by compelling out-of-state producers to change their operations to meet California standards, nor that it imposes excessive burdens on interstate commerce without advancing any legitimate local interest.
[To accompany Federal Case Law Update "Ninth Circuit Affirms Dismissal of Challenge to California’s Prop 12" from Brooks Animal Law Digest Issue No. 97.]