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Art & Antique Dealers League of Am., Inc. v. Seggos

United States District Court for the Southern District of New York

August 14, 2019, Decided; August 14, 2019, Filed

18 Civ. 2504 (LGS)

Opinion

 [*450]  OPINION AND ORDER

LORNA G. SCHOFIELD, District Judge:

Plaintiffs The Art and Antique Dealers League of America, Inc. (the "Dealers League") and The National Antique and Art Dealers Association of America, Inc. (the "Dealers Association") bring this action against Defendant Basil Seggos, [**2]  the Commissioner of the New York State Department of Environmental Conservation ("DEC"). Plaintiffs challenge the constitutionality of New York State Environmental Conservation Law § 11-0535-a (the "State Ivory Law") and DEC licenses issued pursuant to the State Ivory Law. Plaintiffs move for summary judgment, seeking (1) a declaratory judgment that the State Ivory Law is unconstitutional and therefore void and (2) a permanent injunction preventing DEC from enforcing the State Ivory Law. Defendant and Intervenors The Humane Society of the United States, Center for Biological Diversity, National Resources Defense Council, Inc. and Wildlife Conservation Society cross-move to dismiss the Third Amended Complaint (the "TAC") for failure to state a claim under Rule 12(b)(6).1 For the reasons discussed below, Defendant's and Intervenors' cross-motions to dismiss are GRANTED in part and DENIED in part, and Plaintiffs' motion for summary judgment is DENIED without prejudice to renewal.

I. BACKGROUND

The facts below are taken from the TAC, documents attached to or integral to the TAC and documents susceptible to judicial notice. See TCA Television Corp. v. McCollum, 839 F.3d 168, 172 (2d Cir. 2016); Goel v. Bunge, Ltd., 820 F.3d 554, 559 (2d Cir. 2016). These facts are assumed to be true only for purposes of the motion to dismiss. See [**3]  Cohen v. Rosicki, Rosicki & Assocs., P.C., 897 F.3d 75, 80 (2d Cir. 2018).

Plaintiffs are trade organizations representing art and antique dealers. Plaintiffs' members, some of whom have expertise in antique elephant and mammoth ivory from Africa and Asia, "have an economic and professional interest in, among other things, the purchase, sale, distribution or trading of antique elephant ivory . . . in intrastate commerce." Defendant is the Commissioner of DEC, a state agency tasked with protecting New York's natural resources and environment.

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394 F. Supp. 3d 447 *; 2019 U.S. Dist. LEXIS 137256 **; 86 ERC (BNA) 7734; 2019 WL 3817305

THE ART & ANTIQUE DEALERS LEAGUE OF AMERICA, INC., et al., Plaintiffs, -against- BASIL SEGGOS, Defendant.

Prior History: Art & Antique Dealers League of Am. v. Seggos, 2019 U.S. Dist. LEXIS 16620 (S.D.N.Y., Feb. 1, 2019)

CORE TERMS

preemption, commerce, display, interstate, preempted, intrastate, antique, wildlife, exemption, species, licenses, merchant, endangered, exportation, advertisements, preemptive, elephant, nonmoving, occupies, Dealers