Federal District Court finds in Favor of California Attorney General on Jurisdictional Grounds
In November 2018, California voters passed Proposition 12 which prohibits the sale of pork meat of a breeding pig or its offspring who was confined “in a cruel manner.” Proposition 12 defined what constituted “cruel manner” to include at least 24 square feet of usable floor space per pig, such that the sows are able to turn-around. The prohibition on the sale of such pork meat was confined to the State of California.
On May 20, 2021, Iowa Pork Producers Association and others filed suit against Rob Bonta, the Attorney General of California; Karen Ross, Secretary of California Department of Food and Agriculture; and Tomas Aragon, the Director of the California Department of Public Health, seeking declaratory and injunctive relief. Iowa Pork Producers Association alleged that California’s Proposition 12 essentially regulated extraterritorially in violation of the Dormant Commerce Clause, the Due Process Clause, Privileges and Immunities Clause, Packers and Stockyards Act, and the Equal Protection Clause.
Defendants, headlined by the California Attorney General, retained Adam Zenor as local counsel to assist in the defense of the suit. The matter was then removed to federal court.
Thereafter, the Defendants moved to dismiss the removed petition on jurisdictional grounds. Iowa Pork Producers cross-moved for a Preliminary Injunction, requesting the Court stop the imposition of the “turn-around” requirement which was set to take effect December 31, 2021. On August 13, 2021, hearing was held before Honorable Judge Williams in Cedar Rapids.
On August 23, 2021, the Court found in favor of the Defendants, including the California Attorney General, and dismissed the suit: “Thus, the Court finds it does not have personal jurisdiction over defendants.” Id. at *11. The Court determined that since it lacked jurisdiction, it could not grant Iowa Pork Producer’s Motion for Preliminary Injunction, and dismissed the case. Plaintiffs did not appeal.
Iowa Pork Producers Ass’n v. Bonta, No. 21-CV-3018, 2021 WL 4465968 (N.D. Iowa Aug. 23, 2021)