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The Supreme Court: Oral ArgumentsAuthor: Brad Neal
A public good: every Supreme Court Oral Argument since 2010. Making the Highest Court more accessible for a modern audience. The DC Bar blog's piece about this podcast can be found here: https://www.tinyurl.com/scotuspod. If you'd like to support the law student who created this project instead of studying you can do so here: https://www.tinyurl.com/scotusguy. Thanks for listening! Language: en-us Genres: Education, Government, History Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Monsanto Co. v. Durnell
Monday, 27 April, 2026
Monsanto Co. v. Durnell | 04/27/26 | Docket #: 24-1068 24-1068 MONSANTO CO. V. DURNELL DECISION BELOW: 707 S.W.3d 828 GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT PREEMPTS A LABEL- BASED FAILURE-TO-WARN CLAIM WHERE EPA HAS NOT REQUIRED THE WARNING. CERT. GRANTED 1/16/2026 QUESTION PRESENTED: The Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA'') creates a comprehensive regulatory scheme governing the use, sale, and labeling of pesticides. The Act preempts any state "requirement[] for labeling or packaging in addition to or different from those required under" FIFRA. 7 U.S.C. ยง136v(b). For decades, EPA has exercised its authority under FIFRA to find that Monsanto's Roundup product line and its active ingredient, glyphosate, do not cause cancer in humans. Consistent with that understanding, EPA has repeatedly approved Roundup's label without a cancer warning. FIFRA prohibits Monsanto from making any substantive change to an EPA-approved label unless it first obtains EPA's permission. Respondent is one of more than 100,000 plaintiffs across the country that nonetheless seek to hold Monsanto liable for not warning users that glyphosate, the active ingredient in Roundup, causes cancer. The federal courts of appeals and state appellate courts are divided over whether FIFRA preempts such claims. The Third Circuit has held that it does. In the decision below, the Missouri Court of Appeals joined the Ninth and Eleventh Circuits and state appellate courts in California and Oregon in holding that it does not. The question presented is: Whether FIFRA preempts a state-law failure-to- warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval. LOWER COURT CASE NUMBER: ED112410
