Davis

This case pits bird-lovers, seeking to protect endangered and threatened species, against fox-lovers, seeking to protect predators from inhumane traps. The action is a challenge to Proposition 4, adopted by California voters in November 1998 to protect wildlife and domestic pets by restricting use of certain kinds of traps. Five different groups of parties are involved in this litigation. The National Audubon Society and other associations with similar interests (“Audubon”) brought suit against various California state officials and agencies (the “state parties”). Audubon’s complaint also names several federal officials as necessary parties (the “federal parties”). 1 The sponsors and other supporters of Proposition 4 intervened (the “sponsors”) to defend Proposition 4. 2 Finally, the National Trappers Association, the California Trappers Association, and several individual trappers (the “trappers”) intervened and filed a separate complaint challenging Proposition 4.

The state parties and sponsors appeal the district court’s summary judgment granting declaratory relief to the Audubon plaintiffs on the ground that relevant portions of Proposition 4 are preempted by the…