Earlier this month, the U.S. Court of Appeals for the Eleventh Circuit held in City of Brunswick v. Honeywell International, Inc., 2026 WL 2224648 (11th Cir. Aug. 3, 2026), that potentially responsible parties (“PRPs”) implementing an EPA-selected CERCLA remedy pursuant to a consent decree may be “acting under” a federal officer for purposes of the federal officer removal statute, 28 U.S.C. § 1442(a)(1). The decision may provide a basis for such PRPs to remove related state-law claims to federal court. The decision also holds that an appeal of a remand order involving federal officer removal automatically stays district court proceedings, including the remand order, pending appeal. Read More »

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On June 25, 2026, the United States Supreme Court issued a significant preemption decision in Monsanto Co. v. Durnell, holding that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state-law failure-to-warn claims that would require cancer warnings on Roundup’s label beyond those approved by the U.S. Environmental Protection Agency (“EPA”). In a 7-2 opinion by Justice Kavanaugh, the Court reversed a Missouri judgment awarding more than $1 million to plaintiff John Durnell, who alleged that Monsanto’s Roundup caused his cancer and should have included a cancer warning. Read More »

Share | Email| Comments|  Topics: EPA, Federal Insecticide, Fungicide, and Rodenticide Act, FIFRA, Supreme Court, Toxic Torts, United States Supreme Court