OMAHA (DTN) — The U.S. Department of Justice and the North American Meat Institute asked a federal appeals court for a full hearing on a requested injunction to halt implementation of California’s Proposition 12, alleging the law would disrupt programs at USDA.
The U.S. Court of Appeals for the Ninth Circuit in San Francisco recently rejected NAMI’s request for an injunction against the law that requires hog producers to abide by certain regulations in order to sell pork in California. Voters in the state passed Proposition 12 in 2018.
Ag groups and 20 states are challenging the law, arguing it violates the Commerce Clause.
In an amicus brief filed with the Ninth Circuit on behalf of NAMI, DOJ makes a case for an en banc hearing and raises a number of concerns about the law as it relates to government programs. If granted, an en banc hearing would occur before all of the judges in the Ninth Circuit.