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January 16, 2026legalFederal PreemptionEnvironmental LawConstitutional Lawconstitutional lawfederal preemptionenvironmental policy

Supreme Court grants certiorari in Monsanto v. Durnell (No. 24-1068)

The U.S. Supreme Court granted Monsanto's petition for certiorari on January 16, 2026, agreeing to decide whether FIFRA preempts state failure-to-warn lawsuits when the EPA has approved a pesticide label without requiring a cancer warning. The Court accepted the case to resolve the direct split between the Third Circuit (Schaffner v. Monsanto — preemption holds) and the Missouri Court of Appeals (Durnell — preemption does not hold). CNN reported the cert grant as the first major pesticide preemption case the Court had taken since Bates v. Dow Agrosciences in 2005.