Supreme Court should review the government’s flip-flop on EPA labeling

The Hill has published “Supreme Court should review the government’s flip-flop on EPA labeling,” an op-ed by Akin Gump senior consultant and former Rep. Lamar Smith.

Smith, a former Chairman of the House Judiciary Committee and House Science Committee, writes that he is “very concerned” with the Solicitor General’s position on preemption as it relates to pesticide registration and labeling in Monsanto Company v. Hardeman, a lawsuit involving claims relating to Roundup pesticide. He points, in particular, to the Solicitor General’s position that the Supreme Court should deny review of the case.

Smith writes that he is “disheartened” that the justification, in part, for the change in position from previous Department of Justice filings in the same case is based on the change in administration.

He continues by outlining the history of the case and what he considers the government’s “inconsistent positions with itself,” looks at the possible impact of the government’s current position, and discusses why the Supreme Court should hear this case.

Smith concludes by noting, “Ironically, while the solicitor general uses its faulty and seemingly politically motivated position on pre-emption to argue the Supreme Court should not hear this case, the fact that the government has changed its position is all the more reason it is critical the Supreme Court review this case.”

To read the full piece, click here.