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Held preempted

In re Deepwater Horizon

The Fifth Circuit affirmed a lower court decision dismissing a lawsuit filed by 11 Louisiana parishes in which they sought penalties under the Louisiana Wildlife Protection Statute for the pollution-related loss of aquatic life and...

Jeffers v. Wal-Mart Stores, Inc.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts an employee's state-law claims against her employer regarding the labeling of pesticides, but FIFRA does not preempt state-law claims...

Andrus v. Agrevo USA Co.

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a farmer's state-law claims against a herbicide manufacturer. The farmer sought damages based on the herbicide's failure to perform as...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing...