April in Paris v. Becerra ( 2023 )

1 UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 APRIL IN PARIS, et al., 5 Plaintiffs, 6 v. Civil Case No. 2:19-cv-02471-KJM-CKD 7 ROB BONTA, et al., 8 Defendants. 9 THE FOUKE COMPANY, 10 Plaintiff, Civil Case No. 2:78-cv-00398-KJM-CKD 11 v. 12 EDMUND BROWN, FINAL JUDGMENT 13 Defendant. 14 15 16 These actions came for hearing before the Court, the Honorable Kimberly Mueller, Chief 17 District Judge, presiding, and the issues having been duly heard and a decision having been duly 18 rendered, it is hereby ORDERED and ADJUDGED that: 19 1. Under the Supremacy Clause of the United States Constitution (Article VI, Clause 2), 20 California Penal Code Sections 653o and 653r are hereby declared unenforceable and 21 unconstitutional as applied to the importation, possession or sale of American 22 alligator bodies, parts, or products thereof, and of the bodies, parts or products of 23 saltwater crocodiles and Nile crocodiles subject to 50 C.F.R. § 17.42. 24 2. California Defendants, in their official capacities as Attorney General of the State of 25 California and Director of the California Department of Fish and Wildlife, their 26 successors in office, their agents and employees acting within the scope of their 27 1 official duties, and those under their supervision as defined in Article V, section 13 of 2 the California Constitution, are hereby permanently enjoined from enforcing 3 California Penal Code Sections 6530 and 653r in connection with the importation, 4 possession or sale of American alligator bodies, parts, or products thereof, and of the 5 bodies parts or products of saltwater crocodiles and Nile crocodiles subject to 50 6 C.F.R. § 17.42 to the extent the Endangered Species Act of 1973, as amended (16 7 U.S.C. Sections 1531-1543) or regulations promulgated by the Secretary of the 8 Interior of the United States implementing said Act, authorize the same importation, 9 possession or sale. 10 3. The permanent injunction issued in Fouke Co. v. Brown, 463 F.Supp. 1142 (E.D. Cal. 11 1979) remains in force but is modified to read as follows: 12 a. Under the Supremacy Clause of the United States Constitution (Article VI, 13 Clause 2), California Penal Code Sections 6530 and 653r are hereby declared 14 unenforceable and unconstitutional as applied to the importation, possession 15 or sale of American alligator bodies, parts, or products thereof. 16 b. California Defendants, in their official capacities as Attorney General of the 17 State of California and Director of the California Department of Fish and 18 Wildlife, their successors in office, their agents and employees acting within 19 the scope of their official duties, and those under their supervision as defined 20 in Article V, section 13 of the California Constitution, are hereby permanently 21 enjoined from enforcing California Penal Code Sections 6530 and 653r in 22 connection with the importation, possession or sale of American alligator 23 bodies, parts, or products thereof to the extent the Endangered Species Act of 24 1973, as amended (16 U.S.C. Sections 1531-1543) or regulations promulgated 25 by the Secretary of the Interior of the United States implementing said Act, 26 authorize the same importation, possession or sale. 27 DATED: July 10, 2023. | ) □ ! / 28 CHIEF UNITED STATES DISTRICT JUDGE