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Carson v. Monsanto

The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to wa...

Migrant Clinicians Network v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part environmental and public interest groups' petition to review EPA's amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases. The groups argued EPA's determination that the registration would not cause "unreasona...

Carson v. Monsanto Co.

In an en banc decision, the Eleventh Circuit vacated a panel opinion in a lawsuit concerning a Georgia resident's cancer following decades of using a weedkiller containing glyphosate. The resident argued the weedkiller's manufacturer knew or should have known its product was carcinogenic, but failed...

Center for Food Safety v. Regan

The Ninth Circuit granted in part and denied in part petitions to review EPA's 2019 amended registration of the pesticide sulfoxaflor. Environmental groups alleged that the registration, which unconditionally approved new uses of sulfoxaflor requested by the company that created the pesticide, viola...

Center for Biological Diversity v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and ...

Natural Resources Defense Council v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part a petition to review EPA's determination that glyphosate did not pose "any unreasonable risk to man or the environment." Nonprofit groups challenged the Agency's determination, arguing that EPA did not adequately consider whether the weedkiller ca...

Natural Resources Defense Council v. U.S. Environmental Protection Agency

The Ninth Circuit vacated EPA's denial of a petition to cancel the registration of the pesticide tetrachlorvinphos (TCVP). An environmental group petitioned the Agency to cancel the registration of TCVP for use in household pet products, and EPA denied the petition. The group argued the Agency erred...

National Family Farm Coalition v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part one petition to review and denied another petition to review EPA's 2014, 2015, and 2017 decisions to register a pesticide that combines two chemicals—2,4-dichlorophenoxyacetic acid (2,4-D) choline salt and glyphosate—to kill weeds on corn, soybean, and cotton fi...