Monsanto v. Durnell · ¶70

And even more problematic for Durnell, EPA regulations promulgated under FIFRA require a manufacturer to use the EPA-approved label and prohibit the manufacturer from unilaterally changing the label without EPA’s approval. See 40 CFR §§152.44(a), 156.70(c). Indeed, if the manufacturer unilaterally changed the label, as Durnell says Monsanto should have done, the manufacturer would be flouting EPA’s regulations and exposing itself to potentially severe federal penalties. See 7 U. S. C. §§136j(a)(1)(E), 136l. So Durnell’s argument also triggers potential retroactivity and estoppel questions. The law is not ordinarily read to retroactively penalize persons for doing what the Government had required them to do. Cf. Landgraf v. USI Film Products, 511 U. S. 244 (1994).

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