argue that these laws are precluded by the federal Clean Air Act and violate the Commerce Clause of the U.S. Constitution by attempting to regulate activities beyond California’s borders, thereby imposing burdens on interstate commerce.
Unfortunately, the Court recently dismissed the challenges to SB 253 on federal preemption and extraterritoriality as not yet ripe to file. For SB 261, the Court dismissed the federal preemption claim with prejudice, barring it from being refiled, while the interstate commerce claim was dismissed without prejudice, allowing plaintiffs to amend their complaint and reassert the challenge. While this ruling represents a short-term setback, our legal challenge remains active. The case will continue on First Amendment grounds, with summary judgment motions expected later this year. Additionally, because some claims were dismissed without prejudice, we have an opportunity to amend our complaint and reassert those challenges. Why These Cases Matter for Agriculture Both SB 399 and SB 253/SB 261 impose significant and unnecessary burdens on agricultural businesses. SB 399 directly undermines employer free speech rights, while SB 253 and SB 261 create costly, complex compliance obligations that unfairly target businesses operating in California. Western Growers remains committed to fighting these unconstitutional laws and ensuring that our members are not subjected to government overreach that disrupts their ability to operate efficiently and fairly. We will continue to provide updates as these cases progress, standing firm in our mission to protect the agricultural industry from unjust regulation.
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7 Western Grower & Shipper | www.wga.com March | April 2025
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