Harris

Missouri v. Harris

Good Law
58 F. Supp. 3d 1059·2014 WL 4961473·2014 U.S. Dist. LEXIS 141337
United States District Court, Eastern District of CaliforniaOctober 2, 2014No. 2:14-cv-00341-KJM-KJNCalifornia8,303 words

Opinion

Lead Opinion

Mueller, J.

ORDER

This case raises constitutional challenges to California legislation governing the sale of shell eggs. The legislation, scheduled to take effect on January 1, 2015, bans the sale of shell eggs within California by producers or handlers if the eggs are the product of an egg-laying hen that was confined in an enclosure that fails to comply with certain animal care standards. Plaintiffs are six states who challenge the legislation as unconstitutional, saying it violates the Commerce and Supremacy Clauses of the United States Constitution.

On August 11, 2014, the court heard the separate motions to dismiss brought by defendants Kamala Harris and Karen Ross (“defendants”) and defendant-inter-venors the Association of California Egg Farmers (“ACEF”) and the Humane Society of the United States (“HSUS”). John Hirth and Peggy Whipple appeared for plaintiffs; Susan Smith appeared for defendants; Brian Boynton appeared for defendant-intervenor ACEF; and Bruce Wagman and Rebecca Cary appeared for defendant-intervenor HSUS.

*1063 After carefully considering the parties’ papers and arguments, defendants’ motions to dismiss are GRANTED for lack of standing, without leave to amend.

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