Monsanto v. Durnell: Federal Preemption, Roundup, and the Future of Pesticide Liability

Can states hold pesticide companies accountable — or does federal law preempt? In this episode of People, Places, Planet, host Sebastian Duque Rios sits down with Patti Goldman, Senior Attorney at Earthjustice, and Cecilia Diedrich, Staff Attorney at ELI, to unpack one of the most consequential environmental law cases of the Supreme Court's current session: Monsanto v. Darnell. At its core, this case asks whether federal pesticide law — the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) — preempts state-based failure-to-warn claims, potentially shielding pesticide manufacturers like Monsanto from liability for harms caused by products like Roundup (glyphosate). With oral arguments scheduled for April 27, 2026, the stakes couldn't be higher — not just for pesticide litigation, but for the future of toxics accountability across the board. We break down the science behind pesticide risks, the role of tort litigation in driving corporate accountability and regulatory reform, and why the Court's ruling could have far-reaching implications for PFAS litigation, microplastics liability, and chemical safety regulation more broadly. We also explore how recent Supreme Court decisions, including Loper Bright, are reshaping the landscape of federal agency deference and what that means for environmental and public health protections. If you're interested in learning about toxics litigation more broadly, ELI’s Toxics Litigation Project recently published a landscape analysis of toxics litigation and how scientific advancement and uncertainty, state and federal law, and judicial doctrine intersect in the ongoing effort to address the risks and consequences of toxic exposures in the United States and abroad titled, "Current Trends in Toxics Litigation." Additionally, for more information on FIFRA, check out our FIFRA, Explained episode. Introduction: Pesticides & FIFRA (3:17)Role of Tort Litigation in Accountability (13:44)The Roundup Litigation: Failure to Warn, Glyphosate, and the Road to the Supreme Court (19:07)Monsanto v. Durnell: Preemption and the Circuit Split (25:13)Beyond Roundup: Implications for the Future of Toxics Litigation (40:15)Concluding Thoughts: Science, Oral Arguments, and How to Protect Communities Going Forward (48:55) ★ Support this podcast ★