April in Paris v. Becerra

Summary

The United States District Court for the Eastern District of California resolves consolidated cross-motions for summary judgment concerning whether the federal Endangered Species Act preempts California Penal Code sections 653o and 653r as applied to alligator and crocodile products. The court holds that the state laws are expressly preempted because they prohibit conduct authorized by federal regulations and grants the plaintiffs’ motions while denying the defendants’ motions.

Holdings

1. The Endangered Species Act expressly preempts California Penal Code sections 653o and 653r to the extent they prohibit interstate or foreign commerce in American alligator products that federal regulations authorize through exemptions or permits.
2. The permanent injunction entered in Fouke v. Brown applies to the plaintiffs' claims concerning American alligator products, and intervenors failed to establish grounds for modifying or dissolving it.
3. California Penal Code sections 653o and 653r are expressly preempted under 16 U.S.C. § 1535(f) insofar as they prohibit interstate or foreign trade in Nile and saltwater crocodilian products authorized by federal special rules and CITES-based exemptions.

Questions Presented

1. Whether the Endangered Species Act's express-preemption provision, 16 U.S.C. § 1535(f), preempts California Penal Code sections 653o and 653r insofar as they prohibit federally authorized interstate or foreign commerce in American alligator products.
2. Whether the same California provisions are expressly preempted with respect to products of Nile and saltwater crocodilians covered by federal special rules and CITES-based exemptions.
3. Whether the permanent injunction entered in Fouke v. Brown applies to the plaintiffs' claims involving American alligator products.
4. Whether intervenors established grounds to dissolve or modify the Fouke permanent injunction.

Disposition

other