Exhibit 078

Brief for the United States as amicus curiae, Monsanto Co. v. Durnell (petition stage)

Exhibit 078 · Court filing

Brief for the United States as amicus curiae, Monsanto Co. v. Durnell (petition stage)

In light of the Third Circuit’s intervening decision in Schaffner and the change in Administration, the United States has reexamined the arguments it pressed before this Court in Hardeman and has returned to its previous position as to the scope of FIFRA preemption.

Urged the Court to grant review and argued that FIFRA preempts the failure-to-warn claim. Records that in Monsanto v. Hardeman (No. 21-241) the government had argued against preemption and against review, after arguing for preemption in the court of appeals in the same case.

Source: U.S. Department of Justice, Office of the Solicitor General (D. John Sauer)
Date: December 2025
Quoted from: Brief, pp. 10–11
Grade: Primary record
Document: https://www.supremecourt.gov/DocketPDF/24/24-1068/386073/20251201170732560_24-1068%20--%20Monsanto%20v.%20Durnell.pdf
Accessed: 2026-11-09
Cited by: Findings citing this exhibit

Cited by

Finding MED-5.5: Primary record The Justice Department reversed the position it had taken in the Supreme Court on Roundup preemption, citing a new circuit conflict and "the change in Administration", and urged the Court to hear the case.