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Ag attorney: SCOTUS ruling could shape future of crop protection in the U.S.

An ag attorney says the U.S. Supreme Court decision in Durnell vs. Monsanto will likely impact crop protection availability for farmers.

John Shoup with the Indiana Ag Law Foundation says the high court is split on whether or not federal law prevents states from implementing additional pesticide labeling requirements.

“The product is either not available or less available to the detriment of farmers,” he says. “It could lead to an increased reliance on foreign manufactures.”

The Supreme Court’s decision in Durnell v. Monsanto will decide if federal pesticide law (FIFRA) overrides state “failure to warn” claims regarding glyphosate labeling for allegedly causing cancer or other health risks when federal regulatory bodies have evaluated the product safety and determined their uses are safe.

He tells Brownfield federal preemption remains at the center of the case. 

“They could’ve added a warning, but the federal government says changing the label would violate the law,” he says. “Is there a federal standard or is there a state-by-state regulation?”

Shoup says pesticide manufactures could face additional lawsuits depending on the court’s decision.

The Supreme Court will issue a final decision this summer. 

AUDIO: John Shoup, Indiana Ag Law Foundation