Supreme Court to consider FIFRA tort preemption

摘要

The U.S.Supreme Court June 28 agreed to review a lower court decision on FIFRA tort preemption,which attorneys familiar with the case say represents the first time the nation's highest court will weigh in on the matter.At issue is a 2002 decision from the Fifth Circuit Court of Appeals in Bates v.Dow Agrosciences,which upheld the principle that section 136v(b) of FIFRA preempts any damages claims stemming from allegations regarding the adequacy or accuracy of the information on an EPA-approved pesticide label.