Below you will find links to relevant case law not pertaining to the issue of whether state laws related to animals are preempted by the Animal Welfare Act or other Federal laws. Cases have been indexed chronologically with the most recent cases appearing at the top.
National Meat Association v. Brown
--- F.3d ----, 2010 WL 1225477 (9th Cir. 2010).
Decided March 31, 2010
The Court of Appeals for the Ninth Circuit held that the Federal Meat Inspection Act's express preemption clause, which preempts the state regulation of “premises, facilities and operations” of slaughterhouses, did not expressly preempt a California statute banning the slaughter of nonambulatory animals. The Ninth Circuit held that it was not it was not physically impossible to comply with both the state and federal law, as nothing in the federal Meat Inspection Act required the slaughter of downer animals for human compensation, and state ban was not an obstacle to accomplishing the purposes of the Act.
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