U.S. Supreme Court Rejects Blanket Pre-emption of Pesticide Claims

On April 27, 2005, the Supreme Court of the United States found that state law claims by a group of Texas peanut farmers against Dow Agrosciences LLC (“Dow”) with respect to Dow’s “Strongarm” pesticide were not pre-empted by the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”). As one of the attorneys representing the farmers said after the decision was announced, the case “opens the courthouse door for people harmed by pesticides.”