ELR Citation: ELR 20996
No(s). 86 Civ. 8146 (WCC) (S.D.N.Y. Apr 28, 1987)

The court holds that the New York Wild Bird Law, which bans the sale of wild birds within the state, is not preempted by the Endangered Species Act (ESA) or federal quarantine law and does not impose an unconstitutional burden on interstate commerce. The court first rules that the ESA does not preem...