U.S. Supreme Court Rules on Pesticide Preemption
On June 25, 2026, the United States Supreme Court ruled 7-2in Monsanto Company vs. Durnell that the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) overrides state-law claims that hold manufacturers liable for what some states consider a "failure to warn" consumers about health risks. The Court ruled that states cannot force companies to add labels different from those approved by the U.S. Environmental Protection Agency (EPA). Farm Bureau submitted an amicus brief in support of Monsanto. In that brief, we argued that a patchwork of state-mandated cancer warnings would contradict the EPA's long-standing findings that glyphosate is safe. The industry also warned that losing access to this "once-in-a-century herbicide" would force farmers to abandon environmentally friendly no-till practices, inevitably triggering severe crop yield losses and higher food prices nationwide.
This comes after an amendment to the Farm Bill was introduced, by Florida Republican Congresswoman Anna Paulina Luna, which stripped a provision to provide sensible pesticide liability protections.Against Farm Bureau recommendation, the House adopted the amendment, leaving manufacturers open to frivolous lawsuits and regulations not based on science,that increase prices on consumers. Fortunately for the agricultural sector, the Supreme Court’s decisive ruling now acts as a much-needed judicial backstop against this legislative vulnerability. By upholding the supremacy of the EPA's rigorous, science-based registration process, the Court has shielded agribusinesses from a chaotic, 50-state patchwork of contradictory health warnings. For the millions of farmers who rely on these essential tools to sustain eco-friendly, no-till practices and meet the staggering demands of a growing population, this federal preemption ensures that American agriculture remains rooted in sound science rather than state-level legal battles and misinformation.
This ruling is a major win for producers because it preserves access to the vital crop protection tools necessary to maintain our state’s vast corn and soybean operations. Nebraska is a national leader in no-till farming, a practice that conserves precious soil moisture and prevents wind and water erosion across the Plains but one that relies heavily on effective, affordable herbicides to control weeds without having to plow. By ensuring that regulatory authority rests on the EPA's consistent, scientific framework rather than the unpredictable whims of out-of-state legislatures,this ruling provides our farmers with the economic and operational certainty they need. They can now continue their focus on growing safe, affordable food for the world without the looming threat of skyrocketing input costs driven by out-of-state litigation.
While we continue to urge Congress to codify this decision,we applaud the Court's ruling.