Supreme Court of the United States · Official docket →
Monsanto Company v. John L. Durnell
Paid petition · Court of Appeals of Missouri, Eastern District, No. ED112410 · judgment February 11, 2025
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a business petitioner.
Question presented
Granted limited to the following question: whether the federal insecticide, fungicide, and rodenticide act preempts a label- based failure-to-warn claim where epa has not required the warning. The Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA'') creates a comprehensive regulatory scheme governing the use, sale, and labeling of pesticides. The Act preempts any state "requirement[] for labeling or packaging in addition to or different from those required under" FIFRA. 7 U.S.C. §136v(b). For decades, EPA has exercised its authority under FIFRA to find that Monsanto's Roundup product line and its active ingredient, glyphosate, do not cause cancer in humans. Consistent with that understanding, EPA has repeatedly approved Roundup's label without a cancer warning. FIFRA prohibits Monsanto from making any substantive change to an EPA-approved label unless it first obtains EPA's permission. Respondent is one of more than 100,000 plaintiffs across the country that nonetheless seek to hold Monsanto liable for not warning users that glyphosate, the active ingredient in Roundup, causes cancer. The federal courts of appeals and state appellate courts are divided over whether FIFRA preempts such claims. The Third Circuit has held that it does. In the decision below, the Missouri Court of Appeals joined the Ninth and Eleventh Circuits and state appellate courts in California and Oregon in holding that it does not. The question presented is: Whether FIFRA preempts a state-law failure-to- warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be added to a product without EPA approval. GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT PREEMPTS A LABELBASED FAILURE-TO-WARN CLAIM WHERE EPA HAS NOT REQUIRED THE WARNING.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Ashley Conrad Keller
Keller Postman LLC
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage · 30 merits
(12 supporting pet./neither, 18 respondent)
Argument & decision
Argued April 27, 2026 — Paul D. Clement · Ashley C. Keller. Audio and transcript
Decided June 25, 2026. Opinion by Kavanaugh.
Proceedings
- Jul 27 2026Judgment and Mandate Issued.
- Jun 25 2026Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Jackson, J., filed a dissenting opinion, in which Gorsuch, J., joined.
- Apr 27 2026Argued. For petitioner: Paul D. Clement, Alexandria, Va.; and Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Ashley C. Keller, Chicago, Ill.
- Apr 17 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Apr 17 2026Motion of Roundup and Paraquat MDL Court-appointed Leadership for leave to participate in oral argument as amici curiae and for divided argument DENIED.
- Apr 17 2026Reply of petitioner Monsanto Company filed. (Distributed)
- Apr 01 2026Brief amici curiae of New Mexico, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of Farmworker Justice, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of Professor Naomi Oreskes, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of 36 State Legislators filed. (Distributed)
- Apr 01 2026Brief amicus curiae of United States Senator Cory Booker filed. (Distributed)
- Apr 01 2026Brief amicus curiae of Heartland Health Research Alliance filed. (Distributed)
- Apr 01 2026Brief amici curiae of Farmer and Farmworker Groups filed. (Distributed)
- Apr 01 2026Brief amicus curiae of Public Citizen filed. (Distributed)
- Apr 01 2026Brief amici curiae of Center for Food Safety, et al. filed. (Distributed)
- Apr 01 2026Brief amicus curiae of Children’s Health Defense filed. (Distributed)
- Apr 01 2026Brief amici curiae of American Association for Justice, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of Texas, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of Former EPA Officials, et al. filed. (Distributed)
- Apr 01 2026Brief amici curiae of Dr. Philip Landrigan, et al. filed. (Distributed)
- Apr 01 2026Brief amicus curiae of Veterans of Foreign Wars of the United States filed. (Distributed)
- Apr 01 2026Amicus brief of Stand for Health Freedom not accepted for filing. (To be corrected - April 07, 2026)
- Apr 01 2026Brief amicus curiae of Stand for Health Freedom filed. (Corrected - April 7, 2026) (Distributed)
- Apr 01 2026Brief amici curiae of Local Government Legal Center, et al. filed. (Distributed)
- Mar 31 2026Brief amici curiae of Roundup and Paraquat MDL Court-appointed Leadership filed. (Distributed)
- Mar 31 2026Motion of Roundup and Paraquat MDL Court-appointed Leadership for leave to participate in oral argument as amici curiae and for divided argument filed.
- Mar 30 2026CIRCULATED
- Mar 26 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 25 2026Brief of respondent John L. Durnell filed. (Distributed)
- Mar 02 2026Brief amici curiae of National Agricultural Associations filed.
- Mar 02 2026Brief amici curiae of Agricultural Retailers Association, et al. filed.
- Mar 02 2026Brief amicus curiae of Retail Litigation Center, Inc. filed.
- Mar 02 2026Brief amici curiae of American Tort Reform Association, et al. filed.
- Mar 02 2026Brief amici curiae of Farm Bureau Organizations of California, et al. filed.
- Mar 02 2026Brief amicus curiae of American Free Enterprise Chamber of Commerce filed.
- Mar 02 2026Brief amici curiae of Missouri State Senator Jason Bean, et al. filed.
- Mar 02 2026Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- Mar 02 2026Brief amici curiae of Nebraska, et al. filed.
- Mar 02 2026Brief amicus curiae of the United States filed.
- Feb 27 2026Brief amicus curiae of Croplife America filed.
- Feb 24 2026Brief amicus curiae of Atlantic Legal Foundation filed.
- Feb 24 2026Record received from the Court of Appeals of Missouri, Eastern District. The record is electronic and is available on the Court's web docket.
- Feb 23 2026Record requested from the Court of Appeals of Missouri, Eastern District.
- Feb 23 2026Brief of petitioner Monsanto Company filed.
- Feb 23 2026Joint appendix filed.
- Feb 11 2026SET FOR ARGUMENT on Monday, April 27, 2026.
- Jan 16 2026Petition GRANTED limited to the following Question: Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the warning.
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 16 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 16 2025Supplemental brief of respondent John L. Durnell filed. (Distributed)
- Dec 01 2025Brief amicus curiae of United States filed.
- Jun 30 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 16 2025Reply of petitioner Monsanto Company filed. (Distributed)
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 09 2025Brief of respondent John L. Durnell in opposition filed. (Distributed)
- Jun 09 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 09 2025Brief amici curiae of American Farm Bureau Federation, et al. filed.
- May 09 2025Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
- May 07 2025Brief amicus curiae of Croplife America filed.
- May 01 2025Brief amicus curiae of Atlantic Legal Foundation filed.
- Apr 30 2025Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025.
- Apr 29 2025Motion to extend the time to file a response from May 9, 2025 to June 9, 2025, submitted to The Clerk.
- Apr 04 2025Petition for a writ of certiorari filed. (Response due May 9, 2025)