Are Californias Milk Pricing Regulations Exempt from Scrutiny Under Both the Commerce and Privilege and Immunities Clauses?
Hillside Dairy et al. v. Lyons and Ponderosa Dairy et al. v. Lyons Docket Nos. 01-950 and 01-1018 From: The Ninth Circuit Case at a Glance Section 7 USC § 7254 prohibits “any provision of law” from limiting the authority of California when regulating the composition or labeling of “fluid milk products.” California has promulgated new pricing regulations that out-of-state diary farmers claim places them at a competitive disadvantage with in-state farmers. The question for the Supreme Court is whether the federal statute exempts California’s new milk pricing regulations from any challenge under the Commerce Clause or the Privilege and Immunities Clause. • Previewed by Ralph C. Anzivino, a professor of law at Marquette University Law School in Milwaukee, Wis.
