SCOTUS: Federal law preempts state failure-to-warn claims

SCOTUS: Federal law preempts state failure-to-warn claims

The U.S. Supreme Court’s decision that federal law preempts state law when it comes to warnings on pesticide labels may reverberate through previous court decisions involving million-dollar civil awards.

By Mary Hightower
University of Arkansas Division of Agriculture

FAYETTEVILLE, Ark. — The U.S. Supreme Court’s decision that federal law preempts state law when it comes to warnings on pesticide labels may reverberate through previous court decisions involving million-dollar civil awards.

Last week, the high court issued a ruling in Monsanto Company v. John L. Durnell. In 2019, John Durnell of St. Louis sued Monsanto claiming that two decades of glyphosate use caused him cancer. In 2023, a jury found Monsanto liable for failure to warn of potential cancer risks and awarded Durnell $1.25 million.

“Failure to warn” is about what entity decides whether a cancer warning is needed on a label. Acting under FIFRA, the Environmental Protection Agency approves pesticide labels through a process that includes scientific review and public comment. States may regulate sales and use of pesticides but may not alter labels.

The difference between state and federal authority over labels determines which law applies — state or federal — rather than which court gets to hear the case.

In its ruling, SCOTUS said that the Federal Insecticide, Fungicide, and Rodenticide Act or FIFRA expressly pre-empts a state-law failure-to-warn claim against Monsanto, because such a claim would require the company to add a cancer warning to Roundup’s label that is not part of the EPA-approved label.

“Going forward, failure to warn claims in pesticide liability lawsuits will be considered preempted by FIFRA, which means it will be virtually impossible for plaintiffs to argue those claims in court,” said Brigit Rollins, staff attorney for the National Agricultural Law Center.”

The ruling “is likely going to be a major blow to plaintiffs in Roundup cases and any other pesticide liability case because failure to warn claims have become standard for those cases and have thus far been a pretty successful argument for plaintiffs’ attorneys,” Rollins said.

As a result of the SCOTUS ruling, the Durnell case was sent back to the lower courts.

“I think it is very likely that the jury verdict will be overturned because it was based on Durnell’s claim of failure to warn,” Rollins said.

“As far as other Roundup liability cases go, I think that there are a few things we could see: Failure to warn is a central claim in these cases, but not the only claim,” she said.

“It is possible that we could see some plaintiffs drop their failure to warn claims but continue to litigate other claims to see how successful those may be,” Rollins said. “However, because failure to warn was considered the strongest claim that Roundup liability plaintiffs raised, I think that without that claim as an option, we are likely to see many plaintiffs look to settle their lawsuits.”

For more information about the NALC, visit NationalAgLawCenter.org and subscribe to receive NALC communications, including webinar announcements, the Quarterly Newsletter and The Feed.

About the National Agricultural Law Center

Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.

The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the National Agricultural Library, a subsidiary of the USDA’s Agricultural Research Service. For information about the NALC, visit nationalaglawcenter.org. The NALC is also on XFacebook and LinkedIn as @nataglaw. Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit uaex.uada.edu. Follow us on Facebook and Instagram. To learn more about the Division of Agriculture, visit uada.edu. To learn more about ag and food research in Arkansas, visit the Arkansas Agricultural Experiment Station at aaes.uada.edu.

About the Division of Agriculture

The University of Arkansas Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land-grant education system.

The Division of Agriculture is one of 22 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.

Pursuant to 7 CFR § 15.3, the University of Arkansas Division of Agriculture offers all its Extension and Research programs and services (including employment) without regard to race, color, sex, national origin, religion, age, disability, marital or veteran status, genetic information, sexual preference, pregnancy or any other legally protected status, and is an equal opportunity institution.

 

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Change Modes With Your Next Grazing Plan

Change Modes With Your Next Grazing Plan

Most ranchers carry a good grazing plan in their heads, executing with a combination of intuition built on experience, an understanding of regional trends and an adaptivity to circumstances. But if you need to solve a significant problem or are ready to take aim at a new ideal like regenerative or adaptive grazing, it’s time put a proactive grazing plan on paper, Noble Research Institute Regenerative Ranching Advisor Steve Swaffar says.

“There is a heavier commitment to reach a goal you’ve written down,” he says. Writing a grazing plan on paper can feel uncomfortable, but “frankly, a good goal should make you nervous.”

For a more experienced rancher, building an ambitious grazing plan may be the slight push you need to make progress in the year ahead. For a beginning rancher or someone grazing a new piece of land, it’s an offensive plan to help navigate the unknown.

Either way, Swaffar says, “When you start putting the plan to paper, it opens all these ‘ah-ha’ moments.”

1. Start with your goals in mind

Every good grazing plan begins with a specific goal or goals.

If you worry every year about buying an unsustainable amount of hay, spend too much money on external inputs, or see an invasive species reducing your forage production, Swaffar says it’s time to meet the problem head-on by starting with a grazing goal and plan.

“These are the questions that have to stop us and make us ask, ‘How am I going to get through this?’” Swaffar says. “Well, I’ve got to sit down and make a plan, set some goals to solve the problem.” Along the way, you may uncover new opportunities as well.

Are you prepared to take advantage of an exceptionally favorable year with additional forage? Can you diversify your income with a new class or species of livestock? Could aligning your animals’ production cycle to match their environment reduce your labor requirements? What would your bottom line look like if you could sustainably produce X pounds of beef per acre?

Be realistic with these goals, Swaffar says, but remember that many good opportunities are missed due to a lack of preparation.

Finally, consider goals that will help shift your focus to create the business and life you want, Swaffar says. “Part of these goals could be, ‘My family wants to take a vacation in July.’ So where do my animals need to be to make it possible for us to be away? Build a plan from there.”

2. Take stock of where you’ll start

Once you set your goal(s), record a basic inventory of resources. You no doubt know your water sources and have a good idea of their quality and quantity, but writing it down may help address nagging, predictable problems (the well that comes up dry half the time, or the windmill that needs to be fixed every year).

“This inventory is where you can start to ask, ‘Where can I manage animals so that they’re most efficient, not walking over a mile to get to water? What opportunities do I have to create more paddocks and use this grass more efficiently?’” Swaffar says.

Next, evaluate your forage availability for the season ahead.

“If you’re a ‘trust your gut’ kind of guy, it’s still important to spot-check yourself from time to time,” Swaffar says. Use a forage stick or a clip-and- weigh method in multiple pasture locations to accurately assess your forage production.

Then, fill in dates critical to your business and the goal in mind. Calculate nutritional needs for breeding season, facility needs for calving, strengths and weaknesses in the resource inventory you have, and any other infrastructure that needs attention.

3. Plan the work, then work the plan

Once you have the critical information committed to black and white, you probably have some set dates and movements in mind or a paddock configuration that’s worked in the past. Swaffar suggests challenging your own assumptions.

If you’ve grazed one pasture from May 1 to June 15 for the past decade, try moving it to July. If you always set your paddocks up in long, skinny rectangles, try one fat square or triangles this year. Consider grazing a piece for a shorter or longer duration than you’ve ever grazed it before. Nature needs diversity to thrive, but without an intentional plan, human nature tends to fall back on ‘whatever I did last year.’

Swaffar advises making any major changes in a ‘safe-to-learn’ environment. Start small enough that if it goes wrong, it won’t be a crisis or create critical damage to land, livestock or livelihood.

“Consider making these changes in smaller, controlled areas, then observe, how did the animals and the plants react to that change? Did it get me closer to my goals?” Then, jot down some notes to establish a performance baseline.

“Some people are really numbers-driven, so they might want to see results in a soil test or see exactly how their stocking rates have changed in relation to weather patterns,” Swaffar says. “Other people monitor success by what they see – how many species of plants do I have here? How many species of invertebrates and vertebrates do I see? How are my animals behaving here? Others have 30 years of training their eye to their land, and they know from experience that they can make an accurate assessment of their land’s health.”

Take your Own Notes

Whichever category you’re in, take a moment to write down those markers and observations. Even if you don’t think you need to write it down, future generations or land managers will be grateful to inherit the historic knowledge, and you’ll be able to compare season to season and find concrete reasons to celebrate your success.

Your grazing plan may be charted in bar graphs or handwritten in bullet points. Others may use a map of proposed grazing paddocks with key dates and goals written in. Tech-driven ranchers might have an app they use or simply store the plan in their phone’s ‘notes’ feature. What matters is what gets recorded, Swaffar says.

4. Adapt to the unexpected; monitor and measure

The plan might not play out exactly as you wrote it –it’s likely not to – but the point is to increase situational awareness by identifying strengths, weaknesses, opportunities and threats so you are prepared to make thoughtful decisions in an often unpredictable business.

As the grazing season progresses, check in and adjust accordingly on a weekly, or at least bi-weekly, basis. Evaluate the state of your forage in response to actual growing conditions.

Note how the animals respond to the actions in your grazing plan and to changes to their historic grazing patterns. As Noble Ranches moved to intense rotations with more frequent livestock moves, ranch staff expressed an understandable concern for animal performance.

“There were some animals that had to be transitioned off the place – they just didn’t handle the frequent moves. That elimination was just part of the process,” Swaffar said. “But when we look at the animals that held up, our ranch staff have been quite impressed. Our fly loads are less, they’re not walking long distance to water, so they don’t seek shade as often. Watching that animal behavior is a big way to monitor the success of your grazing plan.”

Summary

For most, the ultimate measure of a grazing plan’s success will be found in their bottom line. Each of these measurements – the soil, the forage, the animals, and your lifestyle. These culminate to ask the final questions: Am I spending less to produce the same? Are these decisions resulting in sustainable profitability?

These questions can’t often be answered in one grazing season or one year. Another reason to record goals at the start and your progress or challenges along the way.

“This grazing plan is a part of a bigger business plan, and we can’t be successful in the management of the land or the animals if we don’t treat it as a business,” Swaffar says.

By Laura Nelson

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Loy: Ag Operations Continue to Strain Under Borrowing Costs

Loy: Ag Operations Continue to Strain Under Borrowing Costs

“The steady rate decision means financial strain may persist for producers with debt-heavy operations, and financial relief may take longer than expected.” — Ryan Loy

WASHINGTON, D.C. — Debt-heavy farm operations will continue to feel the burden of borrowing costs as the Federal Reserve said it would leave interest rates holding at 4.25 percent to 4.5 percent and persist in its quest to reduce inflation to 2 percent.

“For the agricultural industry, farmers who rely on financing to fund their enterprises will continue to face high borrowing costs,” said Ryan Loy, extension economist for the University of Arkansas System Division of Agriculture. “The steady rate decision means financial strain may persist for producers with debt-heavy operations, and financial relief may take longer than expected when the Federal Open Market Committee made its first rate cut in September 2024.”

Loy said that “by keeping rates steady, the Fed maintains the pressure to curb inflation without restricting growth.”

The Federal Open Market Committee’s statement was guardedly optimistic, while recognizing economic uncertainty.

“Recent indicators suggest that economic activity has continued to expand at a solid pace,” the committee said. “The unemployment rate has stabilized at a low level in recent months, and labor market conditions remain solid. Inflation remains somewhat elevated.”

Expansion, inflation and uncertainty

Loy said that consumer spending and labor market conditions have been the main drivers of the economic expansion.

“The strong job market, with unemployment at around 4.1 percent as of December 2024 and rising wages are expected to continue to support this growth,” he said. However, “geopolitical tensions and tariffs could throw this trajectory off track.”

As for inflation, Loy said that “elevated vehicle and housing prices, due to a shortage of houses, were the main drivers of the increase as of the last Personal Consumption Expenditures report in November 2024.”

Why 2 percent?

The 2 percent goal was adopted in 2012, he said, adding that “the FOMC chooses the 2 percent because it balances price stability and economic growth. The 2 percent target is a compromise between these two ideas: It’s a high enough measure to avoid deflation, low enough to prevent the runaway inflation seen during the 1970s and gives the FOMC some ‘wiggle room’ to adjust monetary policy without severe economic disruptions.”

Fed Chair Jerome Powell said, “We remain committed to supporting maximum employment, bringing inflation sustainably to our 2 percent goal, and keeping longer-run inflation expectations well anchored.

“Over the course of our three previous meetings, we lowered our policy rate by a full percentage point from its peak,” Powell said. “That recalibration of our policy stance was appropriate in light of the progress on inflation and the rebalancing in the labor market.

“With our policy stance significantly less restrictive than it had been, and the economy remaining strong, we do not need to be in a hurry to adjust our policy stance,” he said. “At today’s meeting, the committee decided to maintain the target range for the federal funds rate at 4.25 to 4.5 percent.”

Fed to review its monetary policy

Powell also noted that the committee was undertaking a five-year review of its monetary policy, which will include public events around the country and a research conference in May to hear feedback.

“We intend to wrap up the review by late summer,” he said. “I would note that the committee’s 2 percent longer-run inflation goal will be retained and will not be a focus of the review.”

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on X and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu. Follow on X at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on X at @AgInArk.

About the Division of Agriculture

The University of Arkansas System Division of Agriculture’s mission is to strengthen agriculture, communities, and families by connecting trusted research to the adoption of best practices. Through the Agricultural Experiment Station and the Cooperative Extension Service, the Division of Agriculture conducts research and extension work within the nation’s historic land grant education system.

The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on three campuses.

The University of Arkansas System Division of Agriculture offers all its Extension and Research programs to all eligible persons without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.

Media contact: Mary Hightower
mhightower@uada.edu

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