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Chris Koster lays an egg, but how much did his foolish lawsuit cost?


Eggs produced in cramped cages like this one will soon be banned from stores in California.
Eggs produced in cramped cages like this one will soon be banned from stores in California. The Modesto Bee

Missouri Attorney General Chris Koster’s decision to charge into an egg war with California was blatantly opportunistic. Egg producers didn’t ask him to start the fight and neither did the citizens of Missouri.

Now that a federal judge has dismissed Koster’s ill-advised lawsuit the question becomes: How much will taxpayers end up paying for this folly?

Koster, a Democrat, sought to cozy up to big agriculture by challenging the constitutionality of a 2010 California law that requires out-of-state producers who sell eggs in California to meet voter-approved standards for cage sizes. Hens must have enough room to stand up, turn around and spread their wings.

That humane move may improve food safety. But Koster contended it imposed an unfair burden on Missouri producers and injured Missouri residents. Eventually five other states joined in his lawsuit.

But courts have long ruled that states can set food safety standards as long as the regulations apply equally to all states, as is the case with the cage standards.

Sure enough, U.S. District Judge Kimberly Mueller slapped down Koster’s lawsuit, saying he had produced nothing to show that Missouri egg producers or residents were being harmed.

Koster earlier had said this misguided legal adventure would cost no more than $10,000. The Star has requested an accounting of the actual expenses. That is public information, and the attorney general should disclose it promptly.

This story was originally published October 8, 2014 at 5:29 PM with the headline "Chris Koster lays an egg, but how much did his foolish lawsuit cost?."

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