Exhibit 078 · Court filing
Brief for the United States as amicus curiae, Monsanto Co. v. Durnell (petition stage)
In light of the Third Circuit’s intervening decision in Schaffner and the change in Administration, the United States has reexamined the arguments it pressed before this Court in Hardeman and has returned to its previous position as to the scope of FIFRA preemption.
Urged the Court to grant review and argued that FIFRA preempts the failure-to-warn claim. Records that in Monsanto v. Hardeman (No. 21-241) the government had argued against preemption and against review, after arguing for preemption in the court of appeals in the same case.
- Source
- U.S. Department of Justice, Office of the Solicitor General (D. John Sauer)
- Date
- December 2025
- Quoted from
- Brief, pp. 10–11
- Grade
- Primary record
- Document
- https://www.supremecourt.gov/DocketPDF/24/24-1068/386073/20251201170732560_24-1068%20--%20Monsanto%20v.%20Durnell.pdf
- Accessed
- 2026-11-09
- Cited by
- Findings citing this exhibit