A federal judge has concluded a California law banning the sale of products made from alligators raised in other states, including Louisiana’s wetlands, violates the federal Endangered Species Act, leading Louisiana wildlife officials to claim a legal victory.
Chief U.S. District Judge Kimberly Mueller of the Eastern District of California handed down the ruling in favor of the Louisiana Wildlife and Fisheries Commission and other plaintiffs on March 7. Louisiana Attorney General Jeff Landry, whose office challenged the California ban on the importation and sale of alligator products, called the decision a win for the state’s economy and state conservation efforts.
“The alligator trade has directly led to the resurgence and conservation of the American alligator as well the protection and maintenance of their natural wetland habitat,” Landry said in a prepared statement. “California’s ban would have completely disrupted the entire supply chain – not only decimating the industry and our wetland protection programs, but also removing over $100 million from Louisiana’s annual economy.”
In her ruling on two consolidated cases involving California’s alligator ban, Mueller sided with plaintiffs in granting summary judgment.
“When Congress passed the Endangered Species Act, it intended to preempt state laws prohibiting what federal regulations authorize,” the court stated. “California law prohibits what the U.S. Department of Fish & Wildlife has authorized under the Endangered Species Act, so the state’s laws are preempted. …”
The Louisiana Department of Wildlife and Fisheries (LDWF) sees the decision as a victory for both conservation and businesses that market alligator products. The alligator was listed as an endangered species in the late 1960s, with the alligator population in Louisiana then estimated at about 6,000.
Since LDWF gained full authority to regulate alligators, more than 1.1 million of the reptiles have been harvested and more than 7.6 million alligators raised on farms have been sold, generating millions in revenues for farmers and others in the industry.
LDWF Secretary Jack Montoucet also expressed support for the federal court’s opinion.
“This ruling provides Louisiana’s alligator industry the assurance that they can continue to sell their superior products in the state of California,” Montoucet said in a statement emailed to the Louisiana Record. “The ruling is not only a victory for the alligator industry, but also maintains a powerful economic incentive for landowners to sustainably manage their alligator populations and make critical investments in protecting the alligators’ wetland habitat.”