Davis

ORDER ON MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT

This action arises from the passage by California voters of Proposition 4 on November 3, 1998. Proposition 4 enacted California Fish & Game Code § 3003.1 which, broadly speaking, bans the use of certain traps and poisons to capture or kill wildlife in the state.

Five different groups of parties are now involved in this litigation over Proposition 4: The National Audubon Society and other groups with similar interests (“plaintiffs”) brought this lawsuit against various California state officials and agencies (the “state defendants”). Plaintiffs contend that the new statute jeopardizes programs carried out by the federal government for the control of mammals, and that it will hence be detrimental to bird life. The original complaint also names several federal officials as necessary parties (the “federal parties”). The sponsors and other supporters of Proposition 4 intervened (the “sponsors”). Finally, the National Trappers Association and other groups and individuals with similar interests (the “trappers”) intervened and filed a separate complaint.

The following motions are now before the court: Plaintiffs move for leave to…