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Bates v. Dow Agrosciences LLC

Docket No.: 03-388
Certiorari Granted: Jun 28 2004
Argued: January 10, 2005
Decided: April 27, 2005

Topics:

Federal Insecticide, Fungicide, and Rodenticide, Federalism, Federal Preemption of State Jurisdiction, Consumer Protection, EPA, Environmental Protection Agency, pre-emption clause, preemption, stare decisis

PartyNames: Dennis Bates, et al. v. Dow Agrosciences LLC
Petitioner: Dennis Bates, et al.
Respondent: Dow Agrosciences LLC

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: 332 F3d 323
Supreme Court Docket

Dennis Bates, et al.
v.
Dow Agrosciences LLC
544 U.S. 431 (2005)
Question Presented:

Which, if any, state law crop injury claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. ยงยง 136-137?

Question:

Does the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempt farmers' state tort claims alleging that Dow's herbicide damaged crops?

Bates v. Dow Agrosciences LLC
ORAL ARGUMENT

January 10, 2005

Holding: vacated and remanded
Decision: Decision: 7 votes for Bates, 2 vote(s) against
Vote: 7-2
Opinion By:

Bates v. Dow Agrosciences LLC
Case Documents

1Slip Opinion in Bates v. Dow Agrosciences LLC
2Opinion in Bates v. Dow Agrosciences LLC
3Opinion in Bates v. Dow Agrosciences LLC
Additional documents for this case are pending review.