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Supreme Court preemption decision bugs pesticide makers.

Publication: Trial
Publication Date: 01-JUL-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The U.S. Supreme Court has affirmed the right of consumers to sue pesticide manufacturers in state court, despite the wording of a federal law that the defense said should preempt such lawsuits. The decision was hailed as a victory for environmental and consumer groups. (Bates v. Dow AgroSciences, LLC, 125 S. Ct. 1788 (2005).)

"The decision is critical. It is huge," said Jay Feldman, executive director of Beyond Pesticides, an environmental organization based in Washington, D.C. "One of the underlying issues here...

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