New Mexico AG Leads Roundup of States in SCOTUS Fight

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  • New Mexico AG Raúl Torrez led a coalition of 18 states in filing an amicus brief in support of respondent John Durnell in Monsanto Co. v. Durnell, urging the Supreme Court to reject Monsanto’s claim that federal law preempts state-law failure-to-warn suits over the herbicide Roundup.
  • In the brief, the states argue that the Federal Insecticide, Fungicide, and Rodenticide Act does not expressly or impliedly preempt state-law failure-to-warn claims because those claims can remain consistent with federal misbranding standards, and EPA registration is only prima facie evidence that a product is not misbranded — not a substantive federal requirement that shields manufacturers from liability.
  • The states further argue that federalism principles and the historic primacy of state police powers over health and safety weigh against Monsanto’s impossibility-preemption arguments, because federal law did not bar the company from seeking a warning that would satisfy state law.
  • The coalition asks the Court to affirm the Missouri Court of Appeals’ judgment.
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