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COMMUNITY RIGHTS COUNSEL APPLAUDS SUPREME COURT'S
VINDICATION OF FEDERALISM IN BATES V. DOW AGROSCIENCES
Today, in Bates v. Dow Agrosciences,
No. 03-388, the Supreme Court held that consumers may seek
State law remedies against a pesticide manufacturer where
a defective pesticide harms human health or property, rejecting
industry arguments that the federal pesticide laws preempt
this relief.
The Supreme Court reversed a lower court ruling that prohibited
29 Texas peanut farms from pursuing State law claims based
on allegations that a pesticide damaged their crops. The farmers
assert that the manufacturer recommended the pesticide for
use on all peanut crops even though it knew or should have
known that it would stunt peanut growth in certain soils.
Timothy J. Dowling, Chief Counsel of Community Rights Counsel,
stated:
"We applaud the tenacity of the Texas farmers in securing
this win for consumers, public safety, and the environment.
The Court's ruling is also a big victory for federalism
because it preserves the vital role of the States in protecting
the public against defective products."
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Community Rights Counsel (CRC) is a nonprofit, public-interest
law firm in Washington, D.C. that helps state and local governments
defend against preemption claims and other legal challenges
to community protections. CRC filed an amicus brief in support
of Supreme Court review in Eyl v. Ciba-Geigy, No. 02-1500,
a previous preemption case that raised similar issues. For
further comment on Bates, contact Mr. Dowling at 202-296-6889.
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