Cresenzi Bird Importers, Inc. v. New York

No. 87-7393 (2d Cir. October 27, 1987)

The court affirms the district court's decision, 17 ELR 20996, holding that New York's Wild Bird Law, which bans the sale of wild-caught birds within the state, is not preempted by either the Endangered Species Act or federal quarantine laws and that it does not impose an unconstitutional burden on interstate commerce.

Counsel for Plaintiffs-Appellants
Jane Bilus Gould
Lovett & Gould
180 E. Post Rd., White Plains NY 10601
(914) 428-8401

Counsel for Defendants-Appellees
Ezra I. Bialik, Ass't Attorney General
Department of Law, State Capitol, Albany NY 12224
(518) 474-7330

Before Feinberg, Newman & Winter, JJ.

[18 ELR 20036]

Per Curiam:

Plaintiffs appeal from a judgment of the United States District Court for the Southern District of New York, William C. Conner, J., dismissing their complaint and denying them a preliminary injunction in their challenge to the New York Wild Bird Law, N.Y. Envtl. Conserv. Law § 11-1728 (McKinney 1984), and regulations promulgated thereunder, on various federal and state constitutional and statutory grounds. The judgment of the district court is affirmed substantially for the reasons given by Judge Conner in his thorough opinion reported at 658 F. Supp. 1440 (S.D.N.Y. 1987).