Man Hing Ivory and Imports, Inc., a California Corporation v. George Deukmejian, Governor of the State of California

This case calls for a determination of the preemptive scope of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, March 3, 1973, 27 U.S.T. 1087, T.I.A.S. No. 8249 (Convention), the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1543 , and federal regulations enacted pursuant to the Endangered Species Act. Appellee Man Hing Ivory and Imports, Inc., is a wholesale importer of African elephant ivory products. In 1977, Man Hing filed suit in district court seeking a declaration that Cal.Penal Code § 653o (West Supp.1981), which prohibits trade in elephant parts within the State of California, is preempted by the Convention and the Endangered Species Act.

After two prior appeals to this court, the district court, in May, 1982, granted appel-lee’s motion for summary judgment on the ground that section 6(f) of the Endangered Species Act, 16 U.S.C. § 1535 (f), and regulations promulgated pursuant to the Act, see 50 C.F.R. § 17.40 (e) (1981) (allowing trade in African elephant products under special federal permits), preempted California’s statutory prohibition on trade in elephant products. The defendants filed a timely appeal from the grant of…