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Beyond Pesticides v. Monsanto Co.

A district court denied a pesticide manufacturer's motion to dismiss a lawsuit alleging that the label on one of its weed-killing products is false and misleading. The product's label states that it targets an enzyme "found in plants but not in people or pets." But an anti-pesticide group alleges th...

Kirk v. Schaeffler Group USA, Inc.

The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to develop autoimmune hepatitis. The contamination occurred between ...

Pineros y Campesinos Unidos del Noroeste v. Pruitt

A district court held that EPA violated the APA by failing to provide notice and opportunity to comment before delaying the effective date of a January 2017 rule concerning the certification and use of “restricted use pesticides." The rule, which was to go into effect on March 6, 2017, established...

Environmental Working Group v. United States Food & Drug Administration

A district court dismissed environmental groups' lawsuit against the FDA concerning the use of formaldehyde and formaldehyde-producing chemicals in hair-straightening products. The groups petitioned the FDA to investigate deceptive labeling of such products, require appropriate labeling, and conside...

League of Conservation Voters v. Trump

A district court denied motions to dismiss environmental groups' lawsuit challenging Executive Order 13795, “Implementing an America-First Offshore Energy Strategy,” which reversed President Obama’s withdrawal of 128 million acres in the Arctic and Atlantic Oceans from future oil and gas leasi...

National Ass'n of Wheat Growers v. Zeise

A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it co...