United States Federal Circuit

USDA regulations that restricted egg sales from and imposed other requirements on farms that tested positive for the presence of salmonella bacteria do not constitute a taking per se under the Fifth Amendment.

Appellate Information

• Decided 06/30/2004
• Published 06/30/2004

Judges

• MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Timothy J. Dowling, Community Rights Counsel, of Washington, DC, for amici curiae Center for Science in the Public Interest, et al.   With him on the brief was Jason C. Rylander.


• For Appellees:
  
• Robert R. Clark, Sommer Barnard Ackerson, PC, of Indianapolis, IN, argued for plaintiff-appellee.   Of counsel were Thomas A. Barnard, Michael D. Chambers and Geoffrey Slaughter., Sheryl L. Floyd, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Claudia Burke, Attorney.   Of counsel on the brief was Margaret Breinholt, Attorney, United States Department of Agriculture, Office of General Counsel, of Washington, DC.