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Judge denies states’ lawsuit on California egg law

A federal judge in California has thrown out the lawsuit filed by Missouri Attorney General Kris Koster against California’s restrictions on egg sales from other states. Koster was joined by attorneys general from five other states:  Iowa, Nebraska, Alabama, Kentucky and Oklahoma. They all claim that the California law interferes with interstate commerce and would cost hundreds of millions of dollars in lost egg sales.

While not addressing those arguments, Judge Kimberly Mueller said the states do not have legal standing in the case. She said the case does not affect all residents in those states – but potentially just egg farmers.

The California law – known as Proposition 2 – requires any eggs sold inside or outside that state to come from egg laying hens kept in larger cages according to California’s standards.

A spokesperson from the Missouri Attorney General’s Office issued a statement, saying: “We disagree with the federal court’s opinion that Missouri lacks standing to defend its businesses and consumers against burdensome economic regulation imposed by out-of-state legislatures. We are reviewing our options for further proceedings to resolve the important constitutional questions raised by this suit and left unanswered by the court’s summary dismissal.”

The Humane Society of the United States, HSUS, joined in California’s defense of the law.

 

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