Steffen Johnson Discusses Supreme Court Ruling for California Raisin Growers

Winston & Strawn partner Steffen Johnson was quoted in the Bloomberg BNA article, "Raisin Growers Can Pursue Takings Defense Against USDA Penalties Before Ninth Circuit," published June 11, 2013.

The article discusses the Supreme Court ruling allowing California Raisin Growers, ordered to pay over $600,000 in assessments and penalties for allegedly violating a U.S. Department of Agriculture order, to pursue a Fifth Amendment takings defense outside of the federal claims court.

Mr. Johnson, who filed a brief on behalf of several amici curiae in support of the raisin growers, said that the decision is a "great victory for a common sense reading of the Constitution." He added that he was not surprised by the ruling because requiring "your average raisin farmer" to pay substantial penalties before seeking compensation in a separate action "goes against the notion of judicial efficiency."

Mr. Johnson also noted that the decision may have broader implications on the question of the scope of the prudential standing and ripeness doctrine. He said that the court drew "interesting distinctions between the issue of jurisdiction over the fact that your property has been taken versus jurisdiction over how much you're going to be paid."