Bates v. Dow Agrosciences: Overcoming Federal Preemption and Giving the People a Voice

Citation data:

Journal of the National Association of Administrative Law Judiciary, ISSN: 0735-0821, Vol: 26, Issue: 1, Page: 7

Publication Year:
2013
Usage 323
Downloads 299
Abstract Views 24
Repository URL:
https://digitalcommons.pepperdine.edu/naalj/vol26/iss1/7
Author(s):
Ly, Kim
Tags:
Bates; Dow Agrosciences; pesticide regulations; herbicides; pesticide manufacturers; warning labels; tort litigation; administrative agencies; federal preemption; Supremacy Clause; Administrative Law; Constitutional Law; Law; Science and Technology Law
article description
This note explores the U.S. Supreme Court's ruling in Bates v. Dow Agrosciences LLC. Part II discusses the historical background and procedural history of the case. Part III lays out the facts of the Bates case. Part IV analyzes the majority opinion given by Justice Stevens and Justice Breyer's concurring opinion, and the opinion of Justice Thomas, concurring in part and dissenting in part. Part V considers Bates's judicial, legislative and administrative impact. Part VI concludes the discussion of the Bates decision.