As lawyers for wildlife conservation groups — aided by an amicus brief from the state Department of Fish and Game — pleaded with the state Supreme Court today to block the importation of kangaroo hides into California, state lawmakers were trying to thwart those efforts.
State senators approved SB 880 , which would allow manufacturers to import the hides of non-endangered Australian kangaroos in accordance with federal environmental rules. The bill amends Penal Code Subsection 653(o), which has banned the importation of kangaroos and 23 other animals since 1970.
While the lawsuit turns on the issue of pre-emption — whether federal law should trump California's more restrictive environmental regulations in Penal Code 653 — supporters say SB 880 is an issue of business fairness. Retailers argue that if they can offer products derived from plentiful animals like cows then they should be able to sell popular soccer shoes and boots made from nonendangered kangaroos.
But bill opponents say California has a right to protect not only endangered animals but species, like seals, whose slaughter society frowns upon. Fish and Game argued in its amicus brief that the state should be able to set its own, more restrictive conservation standards.
SB 880 must still be approved in the state Assembly, although a consultant for the Senate Committee on Natural Resources noted in a bill analysis that the lawsuit may make any vote moot.
"The practical effect of the litigation could be that the author and supporters (of SB 880) may obtain through the pending litigation what they seek to obtain through this legislation."
— Cheryl Miller
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