NATIONAL PORK PRODUCERS COUNCIL; American Farm Bureau Federation, Plaintiffs-Appellants,
v.
Karen ROSS, in her official capacity as Secretary of the California Department of Food & Agriculture; Tomás J. Aragón, in his official capacity as Director of the California Department of Public Health; Rob Bonta, in his official capacity as Attorney General of California, Defendants-Appellees, and
The Humane Society of the United States; Animal Legal Defense Fund; Animal Equality; The Humane League; Farm Sanctuary; Compassion Inworld Farming USA; Compassion Over Killing, Intervenor-Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted April 14, 2021 Pasadena, California.
R. Matthew Wise (argued), Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Attorney General's Office, Sacramento, California; for Defendants-Appellees.
Bruce A. Wagman (argued), Riley Safer Holmes & Cancila LLP, San Francisco, California; Rebecca A. Cary and Ralph E. Henry , Humane Society of the United States, Washington, D.C.; for Intervenor-Defendants-Appellees.
Catherine E. Stetson and Danielle Desaulniers Stempel , Hogan Lovells US LLP, Washington, D.C.; Patrick Hedren and Erica Klenicki , Manufacturers' Center for Legal Action, Washington, D.C.; Stephen P. Lehotsky and Jonathan D. Urick , U.S. Chamber Litigation Center, Washington, D.C.; Stephanie K. Harris , FMI—The Food Industry Association, Arlington, Virginia; Scott Yager , National Cattlemen's Beef Association, Washington, D.C.; Katie Sweeney , National Mining Association, Washington, D.C.; for Amici Curiae National Association of Manufacturers, Chamber of Commerce of the United States of America, FMI—The Food Industry Association, National Cattlemen's Beef Association, and National Mining Association.
Robert S. Brewer Jr. , United States Attorney; Michael S. Raab and Thomas Pulham , Appellate Staff; Civil Division, United States Department of Justice, Washington, D.C.; Carrie F. Ricci , Associate General Counsel, Department of Agriculture, Washington, D.C.; for Amicus Curiae United States.
Brian M. Boynton and Amy Lishinksi , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Amici Curiae Association of California Egg Farmers and Pacific Egg & Poultry Association.
Matthew G. Berkowitz and Yue (Joy) Wang , Shearman & Sterling LLP, Menlo Park, California; L. Kieran Kieckhefer , Shearman & Sterling LLP, San Francisco, California; Ian E. Roberts , Shearman & Sterling LLP, Dallas, Texas; for Amici Curiae Health Care Without Harm, National Council for Occupational Safety and Health, Consumer Federation of America, and Food & Water Watch.
Before: Milan D. Smith, Jr. and Sandra S. Ikuta, Circuit Judges, and John E. Steele, District Judge.
OPINION
IKUTA, Circuit Judge:
In 2018, California voters passed Proposition 12, which bans the sale of whole pork meat (no matter where produced) from animals confined in a manner inconsistent with California standards. The National Pork Producers Council and the American Farm Bureau Federation (collectively referred to as "the Council...
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