Supreme Court of the United States
Bates v. Dow Agrosciences LLC — Thomas, J., Concurring in Part and Dissenting in Part
April 27, 2005544 U.S. 431
Summary
Justice Thomas concurred in part and dissented in part, agreeing that FIFRA § 136v(b) preempts state-law labeling requirements that differ from federal standards. He argued the majority erred by failing to remand warranty and DTPA claims for preemption analysis and incorrectly applied the presumption against preemption despite the express statutory provision. Justice Breyer concurred, noting the EPA's role in evaluating whether state liability rules interfere with federal objectives.