Published 04:16 IST, October 16th 2020
Judge continues halt of California's ban on gator products
California’s ban on selling alligator products probably violates federal laws and the state cannot enforce it while various legal challenges remain in court, a federal judge has ruled.
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California’s ban on selling alligator products probably violates federal laws and state cant enforce it while various legal challenges remain in court, a federal judge has ruled.
state of Louisiana and companies in California, Florida and Texas are suing state of California over its decision to ban import and sale of alligator products, saying ban will hurt an important industry and ultimately could hurt alligator and crocodile populations.
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“We are encourd by court’s decision. We kw this is first step and t last. But it gives Louisiana’s vital alligator industry ability to continue operating in California and beyond,” Bill Hogan, chair of Louisiana Wildlife and Fisheries Commission, said in an emailed statement.
Companies that make and use alligator and crocodile lear and ranchers in Louisiana and Florida h filed suit Dec. 10 against 2019 law, and Louisiana landowners h joined state commission in ar filed Dec. 12. Chief District Judge Kimberly J. Mueller of California’s Eastern District consolidated m in Wednesday's order against enforcement.
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“Our office is reviewing court’s decision,” California attorney general’s press office said in an email.
Mueller's order follows a temporary order that halted enforcement in December.
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California's law also covers products me from two crocodile species — Nile and saltwater — which also can be sold legally under an international conservation treaty and U.S. laws.
Louisiana and or plaintiffs me a strong showing that federal law, including Endangered Species Act, controls tre in those products and preempts California from barring tre in m, Mueller wrote. She rejected California's argument that it was only regulating tre within state.
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judge said she wasn’t considering lawsuits’ environmental claims because that “risks crossing line from law into policy.”
Mueller's order shows she understands importance of sustainable tre and ecomic and social impacts that a ban could have, said David E. Frulla, one of Washington attorneys representing companies led by April in Paris, a San Francisco firm that makes and sells products from alligator and or exotic skins.
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firm was joined by companies in California, Texas and Florida, a Florida alligator farm and Louisiana Alligator Farmers & Ranchers Association.
California’s arguments centered on “ability to enforce ir policy goals,” while challengers showed “a likelihood of serious and far-reaching harm to ir businesses and mand conservation scheme y describe,” judge wrote. She said that tipped “ balance of hardships ... sharply in favor of plaintiffs.”
Harvests and hide sales of American alligators and two crocodile species are highly regulated, both for ir own sake and because y look like or protected species.
“ crocodile industry is w worth over 100 million dollars a year, illegal tre has all but vanished, and crocodiles are far more abundant than y were 50 years ago,” Dilys Roe, of International Union for Conservation of Nature, said in a sworn statement backing up companies' request to prevent enforcement of California's law.
She said enforcement would do "profound and immediate" harm to crocodile populations and “thousands of poor people who rely on income earned from collecting eggs for crocodile farming.”
Environmental and animal rights groups contend gator products' similar appearances still pose a danger to endangered or threatened species, including endangered Chinese alligator — only or alligator species in world — and Nile and saltwater crocodile, which are threatened in some areas but t in ors.
American alligators are thriving since ir removal from endangered list in 1987. Louisiana officials say that's partly due to alligator business. Ranches depend on eggs harvested from wild and return a percent of hatched alligators to areas where eggs were taken, once reptiles are too big for any predators but people.
Louisiana landowners get harvest permits based on state's estimate of alligators on ir property, and contract with licensed farms to collect eggs for incubation.
“It’s a big win for our industry, conservation and state of Louisiana, and will help preserve our marshes here” because gator business makes it profitable for private landowners to keep wetlands intact, West Monroe alligator farmer Jeff Donald, a member of state’s Alligator visory Council, said Thursday.
State Attorney General Jeff Landry said, “This victory for Louisiana jobs and conservation efforts would t have been possible without great partnership by state officials, landowners, farmers and retailers. teamwork has helped protect incomes of thousands of working families and preserve manment of a critical species.”
04:16 IST, October 16th 2020