Scotusblog.com is reporting that this Friday’s conference of the Supreme Court Justices will include the review of granting a petition of certiorari for the Rose Acre Farms case. The case involves USDA regulations that restricted eggs sales on a farm that had a laying hen test positive for salmonella. The Court of Claims ruled that a compensable takings had happened, but the Federal Circuit reversed finding that only 43% of the eggs were diverted to the breaker egg market. Scotusblog.com believes that this case has a reasonable chance of being granted cert. To see a copy of the issues presented on appeal, click here.
Back in December of 2009, the Audubon Society filed a complaint in the North Dakota federal district court challenging the constitutionality of North Dakota’s corporate farming law. The Audubon Society claims that the law violates the Commerce Clause of the U.S. Constitution and the Fourteenth Amendment’s Equal Protection Clause. This suit is in response to a state court action that North Dakota brought against the Audubon Society to have it divest itself of land holdings in North Dakota in compliance with the state’s corporate farming law. For those with Westlaw access a copy of the Audubon’s federal complaint can be viewed here at 2009 WL 5547554. A copy of North Dakota’s petition against the Audubon Society can be viewed at 2009 WL 4486930.
Posted: 2/16/10
