Ninth Circuit Strikes Down Pest Control Licensing Scheme:

Here’s some Ninth Circuit judicial activism that many Volokh readers will like: Merrifield v. Lockyer. It’s a decision by Judge O’Scannlain striking down a California pest control licensing regime, giving a victory to the Pacific Legal Foundation (and Timothy Sandefur, who argued the case).

  In 1995, California amended its licensing requirements for pest control companies. Before 1995, a license was required for all pest control. In 1995, the state eliminated the license requirement for those who do non-pesticide pest control of “bats, raccoons, skunks, and squirrels.” At the same time, the state maintained the license requirement for those who do non-pesticide pest control of “mice, rats, or pigeons.

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