Bonta

Los Altos Boots, Inc. v. Bonta

Good Law
United States District Court, Eastern District of CaliforniaMarch 30, 20222:21-cv-01652California619 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Los Altos Boots, et al., No. 2:21-cv-01652-KJM-CKD Plaintiffs, ORDER v. Rob Bonta, et al., 1S Defendants. 16 The Attorney General moves to dismiss this action for lack of subject matter jurisdiction 18 and for failure to state a claim. Mot., ECF No. 29; Mem., ECF No. 29-1. The motion is fully 19 briefed, see generally Opp’n, ECF No. 34; Reply, ECF No. 36, and the court submitted the matter 20 for decision without hearing oral arguments, Min. Order, ECF No. 37. The court denies the motion to dismiss for lack of subject matter jurisdiction for the 22 reasons provided in the court’s previous order. See Order (Nov. 10, 2021) at 4-9, ECF No. 35. The state next argues the plaintiffs cannot prevail on a preemption claim because the California statute they challenge regulates only intrastate trade, whereas the Endangered Species Act preempts and regulates only interstate commerce. See…

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