Can FIFRA Preemption Be Revived?
April 1, 2015Did the Supreme Court’s 2005 opinion in Bates v. Dow AgroSciences, 544 U.S. 431, really reject FIFRA tort preemption, as anti-pesticide advocacy groups claimed? The attached article explains that Bates actually upheld FIFRA preemption of inadequate labeling and failure-to-warn claims, but left major questions unanswered.