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Federal Authority to Address Plastic Pollution

Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.

Schaffner v. Monsanto Corp.

The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The app...

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...