On May 29, 2018, we blogged about the Supreme Court challenge to California’s ban on traditional foie gras. Our prediction that the Court would seek the advice of the Solicitor General on whether to grant the petition has proven accurate. On June 18, 2018, the Court asked the Solicitor General for his views. That means

On June 22, 2017, we blogged about the challenge to North Carolina’s “ag-gag” law. The statute provides for actual and punitive damages against a person or entity who engages in an undercover investigation into charges of animal cruelty.  People for the Ethical Treatment of Animals (PETA) and the Animal Legal Defense Fund (ALDF) challenged the

Foie gras is based on the livers of geese and ducks. The traditional method of obtaining it is gavage, force-feeding poultry through a tube in their esophagi to enlarge the liver.  In 2004, California passed legislation effective in 2012 to ban the use of force-feeding in California and the sale in California of foie

On December 19, 2017, we blogged about the efforts of several states, including Missouri, to overturn California’s egg regulations by suing California directly in the Supreme Court. A California referendum requires all egg-laying hens in California to have substantially more cage space than is the industry norm.  California egg farmers were understandably concerned about being

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. On September 15, 2017, we blogged about the Tenth Circuit’s partial overruling of the Utah statute.

The Supreme Court has now denied the cert. petition filed

On March 16, 2017, and June 6, 2017, we blogged about Missouri’s legal challenge to California’s egg rules.  Now, there are two motions pending in the Supreme Court of the United States challenging the California law and a similar law in Massachusetts.

California requires its egg producers to provide substantially more space per egg-laying hen than is the industry standard. Obviously, that significantly raises the cost of producing any single egg.  To protect its producers, California prohibits the sale of eggs from any other state that do not conform to the same space standards.  Federal courts rejected Missouri’s pre-enforcement challenge on the ground that the State had sustained no concrete injury, and did not reach the merits.

In 2016, Massachusetts adopted a similar law via an initiative petition.  The Massachusetts law applies to pigs and veal, in addition to eggs.  Like California, it prohibits the sale in Massachusetts of eggs, pork or veal that does not comply with Massachusetts’ space requirements.

Earlier this month, Missouri joined twelve other states in seeking leave to sue California in an original action in the Supreme Court.  Missouri attached to its proposed complaint a 41-page expert report analyzing the increased costs imposed by California’s regulations.  According to the report, Missouri pays between $18,000 and $76,000 in additional costs to buy eggs for its correctional facilities.  Nationwide, the report estimates that consumers will pay between $227 million and $911 million in additional costs.  Thus, the Missouri complaint alleges both direct injury to the State in the form of higher prices it must pay for eggs and parens patriae injury to Missouri consumers.

The Missouri complaint alleges that the federal Egg Product Inspection Act (EPIA) preempts any state regulation of eggs that are “in addition to or different from” federal regulations issued under the EPIA.  In 2012, in National Meat Association v. Harris, a unanimous Supreme Court held that identical language in the Federal Meat Inspection Act preempted California’s attempt to regulate slaughterhouses.  Missouri also alleges that California’s egg rules violate the dormant commerce clause by effectively subjecting every State to its regulations.
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On June 22, 2017 and September 15, 2017, we blogged about “ag-gag” laws – laws intended to prevent undercover access to agricultural production facilities for the purpose of finding and disclosing unethical behavior. These laws have met with varying fates in the federal courts.

In 2012, the Iowa legislature passed an ag-gag law,

On June 22, 2017, we blogged about the Wyoming “ag gag” statute designed to discourage undercover reporting in animal facilities. The statute prohibited persons from (1) trespassing on private land for the purpose of collecting data; (2) trespassing to collect data; or (3) trespassing to obtain access to public land for such purposes. The District

On June 22, 2017, we blogged about the status of so-called “ag-gag laws” in various states. The purpose of such laws is to prevent undercover exposure of mistreatment of farm animals.  On July 7, 2017, a federal district court held that Utah’s ag-gag law violated the First Amendment.

The Utah statute criminalized four kinds of