Preemption of common law claims and the prospects for FIFRA: Justice Stevens puts the genie back in the bottle.(Federal Insecticide, Fungicide, and Rodenticide Act)

INTRODUCTION

upon a range of high-profile issues from affirmative action to sexual privacy to sovereign immunity, the predominant Court in its 2002 bound declined to take the nearest expected step in its conservative revision of constitutional law. (1) With les fanfare, the Court did the same upon preemption doctrine. On the question of when and to what amplitude federal safety regulations preempt state tort claims against regulated industries, a unanimous Court in Sprietsma v hermes Marine (2) halted what single scholar has identified as an unacknowledged on the other hand increasingly broad presumption