Governor Polis Releases Statement Following U.S. Supreme Court Ruling on Proposition 12

Monday, May 15, 2023

DENVER - Governor Polis released a statement today following the Supreme Court’s ruling in North American Meat Institute v. Becerra and National Pork Council v. Ross. In a 5-4 decision, the Supreme Court affirmed a decision from the U.S. Court of Appeals for the Ninth Circuit, finding California’s Proposition 12 did not violate the Dormant Commerce Clause, allowing the state of California to set its own regulations regarding pork production.  The state of Colorado filed an amicus brief in this case.

“This suit was an economic threat to Colorado’s ability to advance laws supported by our communities that protect animal welfare, reflect our values, and keep our farmers competitive, and I’m thrilled that today’s decision will help protect Colorado consumers and egg producers,” said Governor Polis. “This decision is also important for future climate policy at the state level, as states should be able to go above and beyond on climate leadership.”

If overturned, this decision could have impacted the bipartisan HB20-1343, a cage-free law that went into effect earlier this year in Colorado, potentially causing challenges for Colorado businesses such as disrupting egg supply and increasing prices by requiring Colorado egg producers and retailers to comply with regulations that out-of-state egg producers would not have to comply with. Governor Polis applauds the Court’s recognition of a state’s ability to regulate commerce within its own borders.

 

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