It's Time To Fix FIFRA Preemption

By Lawrence Ebner (August 17, 2017, 2:22 PM EDT) -- In 1991 the U.S. Supreme Court held in Wisconsin Public Intervenor v. Mortier, 501 U.S. 597, that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the nation's primary pesticide law, does not preempt states' political subdivisions (i.e., local governments) from banning or restricting the sale or use of pesticides that have been approved both by the U.S. Environmental Protection Agency and state regulatory agencies. Recognizing that two layers of pesticide regulation are enough, most states reacted to Mortier by enacting statutes or promulgating regulations that at least partially preempt local government regulation. But many of those state-imposed preemption measures are riddled with exceptions and loopholes, and all are subject to shifting political winds....

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