In the case of Thomas v. Union Carbide Agricultural
Products (473 U.S. 568 (1985)) people
would register their pesticides with EPA, under FIFRA. EPA had a 'me-to'
process that allowed for the pesticide equivalent of generic drugs. Monsanto
sued because EPA made them publicize their trade secrets, which they claimed
was a taking. Congress came back and said that EPA should make administrative
decisions about how much money these manufacturers would get for damages from
loss of their trade secrets. Union Carbide sued because they felt that the
decisions should be made by the judicial court, not an administrative agency.