CHINATOWN NEIGHBORHOOD ASS'N v. HARRIS

No. 14-15781.

794 F.3d 1136 (2015)

CHINATOWN NEIGHBORHOOD ASSOCIATION, a nonprofit corporation; Asian Americans for Political Advancement, a political action committee, Plaintiffs-Appellants, v. Kamala HARRIS, Attorney General of the State of California; Charlton H. Bonham, Director, California Department of Fish and Game, Defendants-Appellees, Humane Society of the United States; Monterey Bay Aquarium Foundation; Asian Pacific American Ocean Harmony Alliance, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 27, 2015.


Attorney(s) appearing for the Case

Michael Tenenbaum (argued), The Michael Tenenbaum Law Firm, Santa Monica, CA; Joseph M. Breall , Breall & Breall LLP, San Francisco, CA, for Plaintiffs-Appellants.

Kamala D. Harris , Attorney General of California, Douglas J. Woods , Senior Assistant Attorney General, Tamar Pachter , Supervising Deputy Attorney General, Alexandra Robert Gordon (argued), Deputy Attorney General, San Francisco, CA, Attorneys for Defendants-Appellees.

Bruce A. Wagman , Schiff Hardin LLP, San Francisco, CA; Ralph E. Henry (argued), The Humane Society of the United States, Washington, DC, Attorneys for Intervenors-Defendants-Appellees The Humane Society of the United States, Monterey Bay Aquarium Foundation, and Asian Pacific Americans for Ocean Harmony Alliance.

Seth L. Atkinson , Natural Resources Defense Council, San Francisco, CA, for Amicus Curiae Natural Resources Defense Council.

Opinion by Judge HURWITZ; Dissent by Judge REINHARDT.


OPINION

California's "Shark Fin Law" makes it "unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin" in the state. Cal. Fish & Game Code § 2021(b). The plaintiffs in this action claim that the Shark Fin Law violates the Supremacy Clause by interfering with the national...

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