Merrifield v. Lockyer , 547 F.3d 978 ( 2008 )

MICHAEL DALY HAWKINS,

Circuit

Judge, concurring in part and dissenting in part:

I certainly agree with the majority’s carefully thought out determination that California is entitled to require testing for pesticide knowledge of rodent and pest control operators who employ non-pesticide methods. Like the district court, however, I think it rationally follows from this that the state may determine which type of service providers should face a testing or licensing requirement and which should not. See, e.g., City of New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 49 L.Ed.2d 511 (1976) (legislatures may adopt regulations that “only partially ameliorate a perceived evil”). I would affirm across the board.