Statute
FIFRA
63 published works
In: Environmental Law
Supreme Court Rules FIFRA Preempts Failure to Warn
On June 25, 2026, the Supreme Court issued its highly anticipated in ruling in the landmark case, Monsanto Co. v. Durnell, No. 21-1068 (2026), a lawsuit that asked whether federal…
E2 Law Blog
SCOTUS Holds FIFRA Expressly Preempts State Law Failure to Warn Claims
By Seth Goldberg, Kaitlyn R Maxwell, Stacey Bosshardt, Jeshica Patel
The U.S. Supreme Court held in Monsanto Co. v. Durnell that FIFRA preempts state-law failure-to-warn claims where the EPA has not required the warning at issue, resolving a circuit split…
Texas Agriculture Law Blog
US Supreme Court: Failure-to-Warn Claims Preempted by FIFRA
The United States Supreme Court issued its decision in Monsanto v. Durnell, holding state law failure-to-warn claims were preempted by federal law. [Read Opinion here.] Justice Kavanaugh wrote the majority opinion. Justice…
Zalma on Insurance
Federal Insecticide, Fungicide, and Rodenticide Act Requires Reversal
By Barry Zalma
Million Dollar Roundup Verdict Reversed by SCOTUS FIFRA Preempts the State-Law Failure-to-Warn Claim Post number 5381 In Monsanto Co. v. Durnell, Certiorari To The Court Of Appeals Of Missouri, Eastern…
Drug & Device Law
Supreme Court Roundup Decision: “Different From” and “In Addition To” Mean What They Say
By Bexis
Ever since we reviewed the Environmental Protection Administration’s (“EPA”) 2019 decision reaffirming its prior conclusion that glyphosate does not cause cancer and, therefore, the “Roundup” herbicide did not warrant any…
In: Environmental Law
EPA Announces Draft Fungicide Strategy
In April 2026, the Environmental Protection Agency (“EPA”) released a draft version of its Fungicide Strategy, the most recent move in the agency’s effort to reduce pesticide exposure to endangered…
Drug & Device Law
Supreme Court Rejects Preemption: Does It Matter For Drug And Device Cases?
No, not that case. The appeal of the FIFRA preemption rulings in glyphosate litigation is still pending. This decision is Hencely v. Fluor Corp., No. 24-924, 2026 U.S. Lexis 1868…
In: Environmental Law
Environmental Group Sues EPA for Delayed Response to Glyphosate Petition
On April 21, 2026, the Environmental Working Group (“EWG”), a nonprofit advocacy organization, filed a lawsuit against the Environmental Protection Agency (“EPA”) over the agency’s lack of response to a…
Agricultural Law and Taxation Blog
Pesticide “Shield” Laws
Overview 2025 was a watershed year for pesticide litigation, marked by massive jury verdicts and a deepening divide over whether federal law shields manufacturers from state-level lawsuits. At the heart…
Agricultural Law Weekly Review
Agricultural Law Weekly Review—January 20, 2026
Register Now! Educational programming for January: Wed. Jan. 21, AgWorks: Wage and Hour Laws—Requirements and Exemptions Fri. Jan. 23, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law (Atty CLE)…