We argued to the court that California has a legitimate right to protect both the welfare of animals and the safety of its citizens (eggs from battery cages are more likely to be infected with salmonella). We also argued, though, that Koster had no right to be suing California in the first place, since neither he nor the five states that joined him could show that AB 1437 would injure them.
Yesterday, Federal Judge Kimberly Mueller agreed. Koster had argued that he was bringing the case on behalf of all Missouri residents. But Judge Mueller didn't buy it, finding, "It is patently clear plaintiffs are bringing this action on behalf of a subset of each state's egg farmers ... not on behalf of each state's population generally."
Judge Mueller also flatly rejected Koster's contention that AB 1437 will raise egg prices across the nation, noting, "to the extent plaintiffs argue the implementation of AB 1437 may result in an increase in the cost of eggs, which may injure their citizens who are egg consumers, this argument is without merit." The Court added that Koster's claim that AB 1437 will increase costs is contrary to "the allegations in plaintiffs' [own] complaint" which "point to a potential decrease in the cost of eggs ... which may benefit plaintiffs' citizens rather than injure them."