Antique dealers are challenging a law that makes it nearly impossible to market some of their wares in New York state that are otherwise legal to sell in the United States. The federal Endangered Species Act (ESA) restricts trade in products made from endangered animals and from some threatened animals. After it was enacted in 1973, Congress carved out an exemption from the ESA’s prohibitions for trade in antiques and the U.S. Fish and Wildlife Service (FWS) brought in regulations governing trade in African elephant products, including antiques containing ivory. Federal law recognizes that there is no evidence of a connection between antiques and modern elephant poaching and allows the sale of older antiques containing ivory, as well as newer items containing a small amount of ivory. The rules allow interstate and international commerce in “antique articles” that are at least 100 years old, as well as non-antique artwork containing …
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