Bates v. Dow Agrosciences
Twenty-nine peanut farmers, contending that Strongarm–an herbicide manufactured by Dow Agrosciences–had damaged their peanut crops, sent demand letters to Dow threatening to sue for false advertising, breach of warranty, and fraudulent trade practices under the Texas Deceptive Trade Practices Act. Dow Agrosciences sought a declaratory judgment against the farmers in federal district court seeking, among other things, a judicial declaration that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136 (West 2002), preempts the farmers' state law claims. Strongarm, an herbicide that controls the growth of weeds in peanut plants, is registered with the United States Environmental Protection Agency as required by FIFRA. The farmers counterclaimed against Dow and sought dismissal of its declaratory judgment action. The district court denied the farmers' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and granted Dow's motion for summary judgment, holding that FIFRA preempts the farmers' state law claims. The Fifth Circuit affirmed, holding that FIFRA preempted all of the farmers’ state law claims.
Questions Presented:
Which, if any, state law crop injury claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-137?
