Monsanto v. Durnell · ¶132

In addition to its attempt to downplay §136a(f )(2), the majority also insists that the EPA’s registration of a pesticide must create a labeling requirement because the manufacturer cannot change its pesticide’s label without the EPA’s approval, on pain of civil or criminal penalties. Ante, at 10, 15, 17. But the majority’s analysis—which erroneously treats the EPA-approved label as a requirement under FIFRA—misstates FIFRA and the EPA’s implementing regulations, and it also misunderstands the nature of FIFRA’s express preemption clause.

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