Catching up on news from last week, on October 2 U.S. District Court Judge Kimberly Mueller threw out a lawsuit brought by six states, including Iowa, seeking to block California’s law on egg production standards. Governor Terry Branstad joined that lawsuit in March, after Representative Steve King failed to use the federal Farm Bill as a vehicle for overturning the California law.
Bleeding Heartland covered the plaintiffs’ case against the egg production standards here. I predicted the lawsuit would fail because “1) the law does not ‘discriminate’; 2) the law does not force any conduct on egg producers outside the state of California; and 3) overturning this law would prompt a wave of lawsuits seeking to invalidate any state regulation designed to set higher standards for safety, public health, or consumer protection.”
In fact, the case never got to the point of the judge considering those legal arguments. If I were an attorney, I might have foreseen the reason Judge Mueller dismissed the lawsuit: lack of standing. You can download the 25-page ruling here (document number 102) and read pages 15 to 23 to understand her full reasoning. Daniel Enoch summarized it well for AgriPulse:
“Plaintiffs’ arguments focus on the potential harm each state’s egg farmers face,” Mueller wrote in her 25-page decision. “The alleged imminent injury, however, does not involve an injury the citizens of each state face but rather a potential injury each state’s egg farmers face when deciding whether or not to comply with AB 1437.” In other words, they failed to show that the law does real harm to citizens, instead of possible future harm to some egg producers.
“It is patently clear plaintiffs are bringing this action on behalf of a subset of each state’s egg farmers,” Mueller wrote, “not on behalf of each state’s population generally.”
Mueller dismissed the case “with prejudice,” meaning plaintiffs cannot amend their claim and re-file. Plaintiffs including Iowa Attorney General Tom Miller are considering their legal options. While they could appeal the dismissal, I doubt they would prevail in a U.S. Appeals Court.
The Des Moines Register’s write-up by Matthew Patane and Donelle Eller highlighted the alleged harm California’s law will do to Iowa agriculture when it goes into effect on January 1. I’ve posted excerpts after the jump. I was disappointed that the Register’s reporters led with the spin from “Iowa agricultural leaders” and buried in the middle of the piece a short passage explaining why the lawsuit failed (states can’t serve as a legal proxy for a small interest group). Patane and Eller did not mention that if courts accept the reasoning of egg law opponents, a possible outcome would be invalidating any state law or regulation designed to set higher standards for safety, public health, or consumer protection.
Comments provided to the Register by Governor Branstad, Iowa Secretary of Agriculture Bill Northey, and others reinforce Judge Mueller’s determination that the lawsuit was designed to protect a group of agricultural producers rather than citizens as a whole. A lot of Iowa Democrats bought into the poultry producers’ industry constitutional arguments as well.
UPDATE: Added below Branstad’s latest comments. He is either confused about the ruling or determined not to acknowledge the real legal issue.
SECOND UPDATE: Added comments from Representative Steve King and Sherrie Taha, the Democratic nominee for Iowa Secretary of Agriculture.