The Supreme Court declined to review “Rose Acre Farms Inc. v. United States” in a decision which let stand the ruling by the U.S. Court of Appeals for the Federal Circuit. The action came from a claim made by Rose Acre Farms following an SE trace-back with a USDA-imposed diversion of shell eggs from affected flocks to breaking.

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Rose Acre Farms claimed USDA action represented “regulatory taking” and was unconstitutional. The Court of Federal Claims awarded Rose Acre $5.4 million in damages but this was overturned by the higher court.