News & Analysis as of

Interstate Commerce Agricultural Sector Dormant Commerce Clause

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...more

Venable LLP

Could Texas Ban the Sale of Union-Made Goods? After National Pork Producers, We Still Don’t Know

Venable LLP on

The Supreme Court’s opinion last week in National Pork Producers Council v. Ross raises more questions than it answers regarding what state laws might violate the dormant Commerce Clause. California prohibits the in-state...more

Ervin Cohen & Jessup LLP

Ninth Circuit Panel Upholds Foie Gras Ban in 2-1 Panel Decision

On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more

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