On June 27, 2022, the Supreme Court declined to hear an important preemption case.  The denial of review was a setback for WLF, which filed a brief urging the Court’s review. The California Court of Appeal held that the Federal Insecticide, Fungicide, and Rodenticide Act does not preempt state-law failure-to-warn claims, even though EPA has rejected glyphosate warnings. WLF’s brief explained how glyphosate’s listing as a possible carcinogen is based not on science but on rent-seeking by the plaintiffs’ bar. Next, the brief described how deciding the preemption issue in this case would resolve issues about warning-label preemption under other statutes. Finally, the brief explained why the Court should have granted review and limited punitive damages to the amount of compensatory damages.  Allied Educational Foundation joined WLF on the brief.


WLF amicus brief