Are You a Spearmint Oil Producer?
The Federal Government May Owe You Thousands of Dollars.
Schubert Jonckheer & Kolbe is investigating whether spearmint oil producers in Washington, Idaho, and Oregon that are subject to the Far West Spearmint Oil Marketing Order may have claims against the federal government.
Last summer, in Horne v. Department of Agriculture, the U.S. Supreme Court held that a similar marketing order, called the California Raisin Marketing Order, violated the Fifth Amendment to the United States Constitution, because it required a portion of the growers’ raisins to be set aside in reserve for the government. The Supreme Court found that the reserve requirement was an unconstitutional “taking” for which the growers were entitled to just compensation.
The Far West Spearmint Oil Marketing Order, like the California Raisin Marketing Order, allows the Secretary of Agriculture to determine what percentage of a current year’s crop must be set aside for reserves. Both orders give an industry committee the power to sell or dispose of all of the reserves. The purpose of both orders is to control the supply of the product in the market so as to prevent the price from dropping in years when the supply outpaces demand.
We are investigating whether the Far West Spearmint Oil Marketing Order violates the Fifth Amendment as an unconstitutional taking. If so, spearmint oil producers may be entitled to recover the fair market value of the spearmint oil that they set aside as reserves for the federal government for the past six years. Given the high percentage of spearmint oil that the government has required producers to set aside each year—in some years, as much as 45% of the oil—it is possible that, with interest, spearmint oil producers could be owed almost as much in damages as they’ve earned from their entire spearmint oil crop over the past six years.
If you are a spearmint oil grower and are interested in a free legal consultation regarding your potential claim against the federal government, please fill out the form below.
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