NWRSIANational Wildlife Refuge System Improvement Act
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Historically, several federal agencies used leghold traps within California to protect property under the Animal Damage Control Act (ADCA), (692) endangered species under the ESA, bird species under the MTBA, and for conservation practices within the National Wildlife Refuge System under the NWRSIA. In November 1998, California voters passed Proposition 4, legislation that included a ban on the use of leghold animal traps to capture wildlife within the state.
The district court allowed Audubon to add the NWRSIA claim a year into the suit, and the Ninth Circuit agreed that the district court did not abuse its discretion in allowing the additional claim because the issue of preemption was not new and did not require additional discovery.
2002) (holding that section 668dd(m) of the NWRSIA reflects Congress's intent that principles of preemption should apply when state regulations conflict with the Act).