On July 10, 2023, the en banc Eleventh Circuit remanded back to the panel the question whether, under ordinary principles of statutory construction, an EPA action under the Federal Insecticide, Fungicide, and Rodenticide Act preempts the requirements of Georgia tort law. The case arises from a failure-to-warn claim by a plaintiff who contends that his cancer was caused by his exposure to the popular herbicide Roundup. But EPA, the agency charged with enforcing federal regulatory law, has rejected any cancer-related warning on Roundup as scientifically unwarranted, false, and misleading. In its amicus brief supporting Monsanto, WLF argued that state tort law should not be allowed to flout express preemption provisions in federal law by undermining the congressionally mandated, science-based regulation of herbicide labeling. WLF joined the amicus brief of Atlantic Legal Foundation, authored by Larry Ebner of Capital Appellate Advocacy.


Amicus brief