ELR Citation: ELR 21271
No(s). G-93-65 (S.D. Tex. Apr 20, 1993)

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act's (FIFRA's) preemption of state-law failure to warn claims, does not support removal of state claims to federal court. The court holds that FIFRA preemption will not support removal because FIFRA lacks a specific grant of federal jurisdiction and does not provide a private right of action. The court also holds that Congress did not intend to completely occupy the field by allowing the removal from state court of FIFRA-preempted claims. Citing the Supreme Court's decision in Wisconsin Public Intervenor v. Mortimer, 21 ELR 21127, the court holds that removal can never be based on a federal statute that does not completely deprive state and local authorities of the ability to regulate a particular class of activities. Finally, the court holds that even if the defendant had properly alleged diversity as a ground for removal, removal would have been improper, because the defendant had its principal place of business in the forum state.

Counsel for Plaintiff
James T. McCartt, Stephen D. Susman, Michael A. Lee
Susman & Godfrey
5100 First Interstate Bank Plaza
1000 Louisiana St., Houston TX 77002
(713) 651-9366

Counsel for Defendant
Jose Berlanga
Hirsch, Glover, Robinson & Sheiness
917 Franklin at Main, Houston TX 77002
(713) 224-8941