Paul Clement is counsel of record on the Monsanto case.
Here was the question presented in the petition (which was reworded above): www.supremecourt.gov/docket/docke...
Here was the question presented in the petition (which was reworded above): www.supremecourt.gov/docket/docke...
![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. §136v(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-towarn claim where EPA has repeatedly concluded that
the warning is not required and the warning cannot
be added to a product without EPA approval.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:36eqtmzysqf7wsslczw4uxcd/bafkreidn7gwzbl6pp4vmj53gw26poxqju3lchgrexmrwciz644536b7f2m)
January 16, 2026 at 7:44 PM
Paul Clement is counsel of record on the Monsanto case.
Here was the question presented in the petition (which was reworded above): www.supremecourt.gov/docket/docke...
Here was the question presented in the petition (which was reworded above): www.supremecourt.gov/docket/docke...
First up from SCOTUS today is Monsanto v. Durnell. The justices rule that FIFRA preempts a state-level failure-to-warn lawsuit over pesticide harms. 7-2 by Kavanaugh. Jackson and Gorsuch dissent: www.supremecourt.gov/opinions/25p...
June 25, 2026 at 2:04 PM
First up from SCOTUS today is Monsanto v. Durnell. The justices rule that FIFRA preempts a state-level failure-to-warn lawsuit over pesticide harms. 7-2 by Kavanaugh. Jackson and Gorsuch dissent: www.supremecourt.gov/opinions/25p...
The Center is part of a group of farming and environmental organizations suing the Trump admin., alleging the “EPA violated its statutory duties under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) in the new use registration order” of dicamba.
September 22, 2026 at 6:20 PM
The Center is part of a group of farming and environmental organizations suing the Trump admin., alleging the “EPA violated its statutory duties under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) in the new use registration order” of dicamba.
If you’ve followed the EPA and seeds, pesticides & previous exemptions (I’ve followed since 2012) so after nearly 12 yrs
yesterday’s Order was a very long time coming
At the center of this 2023 civil lawsuit is: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
epa.gov/enforcement/...
yesterday’s Order was a very long time coming
At the center of this 2023 civil lawsuit is: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
epa.gov/enforcement/...
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Federal Facilities | US EPA
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the Federal statute that governs the registration, distribution, sale, and use of pesticides in the United States.
epa.gov
November 22, 2024 at 5:01 AM
If you’ve followed the EPA and seeds, pesticides & previous exemptions (I’ve followed since 2012) so after nearly 12 yrs
yesterday’s Order was a very long time coming
At the center of this 2023 civil lawsuit is: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
epa.gov/enforcement/...
yesterday’s Order was a very long time coming
At the center of this 2023 civil lawsuit is: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
epa.gov/enforcement/...
GEO Group's Q2 lobbying disclosures show activity on "issues regarding the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)."
FIFRA includes regulations to protect workers who handle and apply pesticides, such as requiring specific safety measures and worker training.
FIFRA includes regulations to protect workers who handle and apply pesticides, such as requiring specific safety measures and worker training.
August 3, 2025 at 6:54 PM
GEO Group's Q2 lobbying disclosures show activity on "issues regarding the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)."
FIFRA includes regulations to protect workers who handle and apply pesticides, such as requiring specific safety measures and worker training.
FIFRA includes regulations to protect workers who handle and apply pesticides, such as requiring specific safety measures and worker training.
SUPREME COURT: Monsanto v. Durnell, 7-2. Kavanaugh, J. FIFRA expressly preempts Durnell’s state-law failure-to-warn claim because the claim would require Monsanto to add a cancer warning to Roundup’s label. www.supremecourt.gov/opinions/25p...
www.supremecourt.gov
June 25, 2026 at 2:02 PM
SUPREME COURT: Monsanto v. Durnell, 7-2. Kavanaugh, J. FIFRA expressly preempts Durnell’s state-law failure-to-warn claim because the claim would require Monsanto to add a cancer warning to Roundup’s label. www.supremecourt.gov/opinions/25p...
the Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), there are currently ~5,000 Peregrine Falcons and ~300,000 Bald Eagles in the lower 48!
April 25, 2025 at 7:14 PM
the Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), there are currently ~5,000 Peregrine Falcons and ~300,000 Bald Eagles in the lower 48!
The vibes are definitely the same.
December 13, 2025 at 2:25 AM
The vibes are definitely the same.
I know what FIFRA stands for
This is a useless piece of information
This is a useless piece of information
June 25, 2026 at 2:12 PM
I know what FIFRA stands for
This is a useless piece of information
This is a useless piece of information
This is the only mention of the Loper Bright argument - in the majority - and it is slapped aside.
![dentical preemption clause.
Second, Durnell claims that EPA’s regulations—and its
procedures for registering pesticides and approving
pesticide labels—exceed or contravene EPA’s statutory
authority under FIFRA. See Brief for Respondent 21–25,
39–40 (citing Loper Bright Enterprises v. Raimondo, 603
U. S. 369 (2024)).
16
MONSANTO v. DURNELL
Opinion of the Court
Durnell is incorrect. Again, FIFRA empowers EPA to
“prescribe regulations to carry out the provisions of
[FIFRA].” 7 U. S. C. §136w(a)(1). And FIFRA expressly
directs EPA to register pesticides and “determin[e]” that
the pesticide’s “labeling” complies with FIFRA’s many
specific requirements.
§136a(c)(5)(B).
During that
extensive registration process, EPA critically evaluates the
pesticide’s label to ensure that the label contains all
warnings necessary to protect human health. After EPA
makes a determination about the appropriate warnings for
a pesticide’s label, a manufacturer is legally required to use
that label unless and until EPA subsequently approves or
requires a new label. See 40 CFR §§152.44(a), 156.70(c).
Under FIFRA’s preemption provision, those federal
labeling requirements displace any additional or different
state-law requirements.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:b2zlnxrfackjw5h3lbemyqg5/bafkreidsboj6bqmj2fgrftr3jhxg3ujb76he5syzjcb6rqqwnl5c6smn4a)
June 25, 2026 at 3:23 PM
This is the only mention of the Loper Bright argument - in the majority - and it is slapped aside.
EPA-registered products must be followed. If the user selects exposure conditions that differ from those on the EPA-registered product label, the user assumes liability from any injuries resulting from off-label use and is potentially subject to enforcement action under FIFRA." 5/6
November 6, 2025 at 6:28 AM
EPA-registered products must be followed. If the user selects exposure conditions that differ from those on the EPA-registered product label, the user assumes liability from any injuries resulting from off-label use and is potentially subject to enforcement action under FIFRA." 5/6
The Supreme Court's first opinion is Monsanto v. Durnell, a 7–2 victory for Monsanto holding that federal law preempts state law claims against the company for allegedly misleading labels. Jackson and Gorsuch dissent. www.supremecourt.gov/opinions/25p...
June 25, 2026 at 2:03 PM
The Supreme Court's first opinion is Monsanto v. Durnell, a 7–2 victory for Monsanto holding that federal law preempts state law claims against the company for allegedly misleading labels. Jackson and Gorsuch dissent. www.supremecourt.gov/opinions/25p...
Breaking: Supreme Court rules against cancer patient’s $1.25M lawsuit against Roundup, holding that FIFRA preempts a label-based failure-to-warn claim where EPA has not required the warning
June 25, 2026 at 2:02 PM
Breaking: Supreme Court rules against cancer patient’s $1.25M lawsuit against Roundup, holding that FIFRA preempts a label-based failure-to-warn claim where EPA has not required the warning
Wacky content aside, shouldn't this have been a dissent from the majority holding that FIFRA preempts state-law failure-to-warn lawsuits? Or did Thomas not dissent because no party briefed the Commerce Clause issue?
June 25, 2026 at 3:01 PM
Wacky content aside, shouldn't this have been a dissent from the majority holding that FIFRA preempts state-law failure-to-warn lawsuits? Or did Thomas not dissent because no party briefed the Commerce Clause issue?
Chapter 13. It doesn't name the chemical. It restructures the Office of Pesticide Programs and calls for streamlining FIFRA registrations — removing the blocks that would have stopped this approval. The document is the blueprint. The EPA approval is what the blueprint produces.
August 31, 2026 at 10:01 PM
Chapter 13. It doesn't name the chemical. It restructures the Office of Pesticide Programs and calls for streamlining FIFRA registrations — removing the blocks that would have stopped this approval. The document is the blueprint. The EPA approval is what the blueprint produces.
I have not been a fan of Cory Booker’s for several years. But - he is currently working on an amendment to FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) that would give states back the right to protect themselves from pesticides - following the Supreme Court ruling on glyphosate.
July 7, 2026 at 8:21 PM
I have not been a fan of Cory Booker’s for several years. But - he is currently working on an amendment to FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) that would give states back the right to protect themselves from pesticides - following the Supreme Court ruling on glyphosate.
SCOTUS heard oral arguments yesterday in Monsanto Company v. Durnell, which is one of thousands of cases brought by people who got non-Hodgkin's lymphoma after applying Monsanto's Roundup. But the case has significance beyond Roundup. Here's what to know.
What to Expect at Oral Argument in Monsanto Company v. Durnell
The case is one of thousands brought by people who got non-Hodgkin’s lymphoma after applying Monsanto’s Roundup. Two FIFRA regulations will likely loom large at argument.
earthjustice.org
April 28, 2026 at 4:07 PM
SCOTUS heard oral arguments yesterday in Monsanto Company v. Durnell, which is one of thousands of cases brought by people who got non-Hodgkin's lymphoma after applying Monsanto's Roundup. But the case has significance beyond Roundup. Here's what to know.
US Rep Chellie Pingree D-Maine and Rep. Thomas Massie R-KY introduced an amendment to FIFRA–the key law for regulating pesticides that would allow people exposed to pesticides to again be able to sue companies for failing to warn them of health risks. 🧪🌱
www.thenewlede.org/2026/06/cong...
www.thenewlede.org/2026/06/cong...
Congress members move to override Supreme Court ruling on pesticide protections
Some US lawmakers are rushing to introduce legislation to reverse the impact of a US Supreme Court ruling handed down last week that overturned years of precedent by limiting consumer lawsuits against...
www.thenewlede.org
June 30, 2026 at 11:01 PM
US Rep Chellie Pingree D-Maine and Rep. Thomas Massie R-KY introduced an amendment to FIFRA–the key law for regulating pesticides that would allow people exposed to pesticides to again be able to sue companies for failing to warn them of health risks. 🧪🌱
www.thenewlede.org/2026/06/cong...
www.thenewlede.org/2026/06/cong...
Ola og Kari Dunk kan også skylde seg selv for å være så konfliktsky at de ikke sier fifra når noen er en pest & plage, men klager i ettertid.
Jeg er han kjipe som sier: "Kan du ikke bruke øretelefoner hvis du skal se film på toget" og etterpå får annerkjennende nikk av alle andre som ikke sa noe.
Jeg er han kjipe som sier: "Kan du ikke bruke øretelefoner hvis du skal se film på toget" og etterpå får annerkjennende nikk av alle andre som ikke sa noe.
January 11, 2024 at 7:43 AM
Ola og Kari Dunk kan også skylde seg selv for å være så konfliktsky at de ikke sier fifra når noen er en pest & plage, men klager i ettertid.
Jeg er han kjipe som sier: "Kan du ikke bruke øretelefoner hvis du skal se film på toget" og etterpå får annerkjennende nikk av alle andre som ikke sa noe.
Jeg er han kjipe som sier: "Kan du ikke bruke øretelefoner hvis du skal se film på toget" og etterpå får annerkjennende nikk av alle andre som ikke sa noe.
Vermont just proved a paraquat ban is possible.
Now Congress must make it national.
This pesticide is already banned in more than 70 countries and linked to Parkinson's disease, yet the EPA has been reviewing its safety since 2022 without finishing the job.
Now Congress must make it national.
This pesticide is already banned in more than 70 countries and linked to Parkinson's disease, yet the EPA has been reviewing its safety since 2022 without finishing the job.
June 18, 2026 at 5:06 PM
Vermont just proved a paraquat ban is possible.
Now Congress must make it national.
This pesticide is already banned in more than 70 countries and linked to Parkinson's disease, yet the EPA has been reviewing its safety since 2022 without finishing the job.
Now Congress must make it national.
This pesticide is already banned in more than 70 countries and linked to Parkinson's disease, yet the EPA has been reviewing its safety since 2022 without finishing the job.
CPR Member Scholar Rachel Rothschild of the University of Michigan Law School joins the Summer School panel on toxic chemical regulation. Learn about FIFRA, TSCA, and recent legal developments. Register at the link below! 👇
@profrrothschild.bsky.social @umichlaw.bsky.social
@profrrothschild.bsky.social @umichlaw.bsky.social
Join ELI's Summer School to explore the legal tools used to address toxic chemicals, hazardous waste, and contaminated sites.
Learn from leading experts as they unpack key statutes like FIFRA, TSCA, CERCLA, and RCRA.
☀️Register now: www.eli.org/events/eli-s...
Learn from leading experts as they unpack key statutes like FIFRA, TSCA, CERCLA, and RCRA.
☀️Register now: www.eli.org/events/eli-s...
July 10, 2026 at 1:48 PM
CPR Member Scholar Rachel Rothschild of the University of Michigan Law School joins the Summer School panel on toxic chemical regulation. Learn about FIFRA, TSCA, and recent legal developments. Register at the link below! 👇
@profrrothschild.bsky.social @umichlaw.bsky.social
@profrrothschild.bsky.social @umichlaw.bsky.social
Unrelated - according to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the use of herbicide is legal in some cases
December 11, 2024 at 12:31 AM
Unrelated - according to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the use of herbicide is legal in some cases
This got me thinking: Are they violating FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) in using this hydrogen peroxide for this application?
Based on these Reuters pictures, it looks like the product they used was Harris 12% hydrogen peroxide.
Based on these Reuters pictures, it looks like the product they used was Harris 12% hydrogen peroxide.
June 19, 2026 at 2:32 AM
This got me thinking: Are they violating FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) in using this hydrogen peroxide for this application?
Based on these Reuters pictures, it looks like the product they used was Harris 12% hydrogen peroxide.
Based on these Reuters pictures, it looks like the product they used was Harris 12% hydrogen peroxide.
Tougher Than Tom is using AI-doctored ads to convince people that Mosquito TNTs attract and kill mosquitoes (they don't). I'm hoping the EPA and state regulatory agencies will view these ads as violations of FIFRA. You can't make false or misleading claims about efficacy. #ai #mosquitoes #pesticide
July 12, 2026 at 6:03 PM
Tougher Than Tom is using AI-doctored ads to convince people that Mosquito TNTs attract and kill mosquitoes (they don't). I'm hoping the EPA and state regulatory agencies will view these ads as violations of FIFRA. You can't make false or misleading claims about efficacy. #ai #mosquitoes #pesticide