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United States Ninth Circuit


Horne v. US Dept. of Agriculture, 10-15270

Following a reversal and remand from the United States Supreme Court, the district court's summary judgment in favor of the U.S. Secretary of Agriculture in an action challenging the Secretary's regulatory program, which requires California producers of certain raisins to divert a percentage of their annual crop to a reserve, is affirmed, where: 1) plaintiffs have standing to bring this constitutional challenge; and 2) the regulatory program did not work a physical per se taking, and thus does not constitute a taking under the Fifth Amendment.

Appellate Information

  • Decided 05/09/2014
  • Published 05/09/2014

Judges

  • HAWKINS

Court

  • United States Ninth Circuit

Counsel

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