California, Oregon settle lawsuit with South Carolina

South Carolina rescinded a regulation that blocked California and Oregon nursery growers from shipping plants to that state.The California Association of Nurseries and Garden Centers (CANGC) and the Oregon Association of Nurseries (OAN) successfully resolved a federal lawsuit against South Carolina April 20. The two associations filed their lawsuit March 10, challenging the regulation. Shipments of nursery products are expected to resume immediately.
The suit stemmed from actions South Carolina took last year. In 2009, the South Carolina Assembly enacted a regulation that prevented California and Oregon growers from shipping plants that could be host to Phytophthora ramorum. The regulation required nurseries in California, Oregon and Washington to perform special inspections, provide extra documentation, and give advance notice for all shipments.
Such requirements are illegal under the federal Plant Protection Act and unconstitutional under the Supremacy Clause of the U.S. Constitution when a federal agency’s valid order has been established to govern interstate shipments. The USDA Animal and Plant Health Inspection Service (APHIS) has regulated P. ramorum since 2002.