No. 24-1068
Monsanto Company v. John L. Durnell
Tags: epa-approval failure-to-warn fifra-preemption pesticide-regulation product-labeling state-law-claim
Key Terms:
Environmental AdministrativeLaw JusticiabilityDoctri
Environmental AdministrativeLaw JusticiabilityDoctri
Latest Conference:
2026-01-16
(distributed 3 times)
Question Presented (from Petition)
Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval.
Question Presented (AI Summary)
Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval
Docket Entries
2026-02-11
SET FOR ARGUMENT on Monday, April 27, 2026.
2026-01-16
Petition GRANTED limited to the following Question: Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the warning.
2026-01-12
DISTRIBUTED for Conference of 1/16/2026.
2025-12-16
Supplemental brief of respondent John L. Durnell filed. (Distributed)
2025-12-16
DISTRIBUTED for Conference of 1/9/2026.
2025-12-16
Supplemental Brief of John L. Durnell submitted.
2025-12-01
Brief amicus curiae of United States filed.
2025-12-01
Brief amicus curiae of United States of America filed.
2025-12-01
Amicus brief of United States of America submitted.
2025-06-30
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2025-06-16
Reply of petitioner Monsanto Company filed. (Distributed)
2025-06-16
Reply of Monsanto Company submitted.
2025-06-10
DISTRIBUTED for Conference of 6/26/2025.
2025-06-09
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-06-09
Brief of respondent John L. Durnell in opposition filed. (Distributed)
2025-06-09
Waiver of the 14-day waiting period of Monsanto Company submitted.
2025-06-09
Brief of John L. Durnell in opposition submitted.
2025-05-09
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2025-05-09
Brief amici curiae of American Farm Bureau Federation, et al. filed.
2025-05-09
Amicus brief of American Farm Bureau Federation, American Soybean Association, American Sugarbeet Growers Association, Cherry Marketing Institute, Florida Fruit and Vegetable Association, International Fresh Produce Association, National Association of Wheat Growers, National Corn Growers Association, National Cotton Council of America, National Sorghum Producers, North American Blueberry Council, and Western Growers submitted.
2025-05-09
Amicus brief of Chamber of Commerce of the United States of America, American Tort Reform Association, Product Liability Advisory Council, and Washington Legal Foundation submitted.
2025-05-07
Brief amicus curiae of Croplife America filed.
2025-05-07
Amicus brief of Croplife America submitted.
2025-05-01
Brief amicus curiae of Atlantic Legal Foundation filed.
2025-05-01
Amicus brief of Atlantic Legal Foundation submitted.
2025-04-30
Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025.
2025-04-29
Motion to extend the time to file a response from May 9, 2025 to June 9, 2025, submitted to The Clerk.
2025-04-29
Motion of John L. Durnell for an extension of time submitted.
2025-04-04
Petition for a writ of certiorari filed. (Response due May 9, 2025)
Attorneys
American Farm Bureau Federation, American Soybean Association, American Sugarbeet Growers Association, Cherry Marketing Institute, Florida Fruit and Vegetable Association, International Fresh Produce Association, National Association of Wheat Growers, Nat
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
Chamber of Commerce of the United States of America, American Tort Reform Association, Product Liability Advisory Council, and Washington Legal Foundation
William McGinley Jay — Goodwin Procter LLP, Amicus
Croplife America
Shannen Wayne Coffin — Steptoe LLP, Amicus
John L. Durnell
Ashley Conrad Keller — Keller Postman LLC, Respondent
Jonathan F. Mitchell — Mitchell Law PLLC, Respondent
Monsanto Company
Paul D. Clement — Clement & Murphy, PLLC, Petitioner
United States of America
D. John Sauer — Solicitor General, Amicus