Avi Kupfer

Monsanto Co. v. Durnell, No. 24-1068 Yesterday, the Supreme Court held in a 7-2 decision that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law tort claim alleging that Monsanto should have added a cancer warning to Roundup’s label. Background John Durnell sued Monsanto in Missouri state court, alleging that he developed cancer as a result of using the glyphosate-based pesticide Roundup.

Extended producer responsibility (EPR) laws are increasingly making companies that market, distribute, and sell packaged consumer products responsible for the cost to dispose of the packaging that they place in the market. For these companies, EPR laws can mandate membership in so-called "producer responsibility organizations," which require the payment of fees and impose significant reporting obligations. EPR laws also can carry per-violation penalties of tens of thousands of dollars.

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy Act (NEPA).