Lyons

Appellants (collectively “Ponderosa and Hillside”) are dairies located outside California that sell their raw milk to processors located in California. Ponderosa and Hillside brought suit against William J. Lyons 1 and A.J. Yates (collectively “California”), Secretary and Undersecretary of *1151 the California Department of Food and Agriculture, following the 1997 enactment of amendments to California’s milk pooling plan. 2 The 1997 amendments made out-of-state dairies, such as Ponderosa and Hillside, subject to the pooling plan for the first time. Three issues are presented on appeal: whether § 144 of the Federal Agriculture Improvement and Reform Act (“Farm Bill”) insulates California’s 1997 pooling amendments from Commerce Clause challenges; whether appellants’ Equal Protection Clause causes of action were sufficiently pled; and whether the pooling plan amendments violate the Privileges and Immunities Clause-of the Constitution.

BACKGROUND

California has operated a unique milk price stabilization and marketing program since the 1930’s. The program classifies milk products into five categories: Class 1 includes fluid products such as the several varieties of milk; Class 2…