Earlier this year the Supreme Court called for the views of the Solicitor General on whether it should grant certiorari in Monsanto v. Durnell, which presents the question whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law-based "duty to warn" suits against manufacturers of pesticides registered by the Environmental Protection Agency (EPA). The case arises out of litigation over Monsanto's Roundup pesticide and its active ingredient, glyphosate.

Yesterday, the Solicitor General filed its brief, urging the Court to grant certiorari in Durnell. The brief supports Monsanto's position both on the merits (concluding that FIFRA registration does preempt such claims) and that there is a circuit split warranting the Court's review. While the latter point ma

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