James T. WORM, Sr.; James T. Worm, Jr.; Robert C. Worm, d/b/a Worm Brothers, d/b/a Jim Bob Farms, Copartners, Plaintiffs-Appellants,
v.
AMERICAN CYANAMID COMPANY, a body corporate of the State of Maine, Defendant-Appellee, and
Southern States Cooperative, Incorporated, d/b/a Southern States Cooperative, Incorporated — Preston Service, a body corporate of the State of Virginia; Southern States Preston Cooperative, Incorporated, a body corporate of the State of Virginia, Defendants.
National Agricultural Chemicals Association, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 10, 1993.
Decided September 15, 1993.
Attorney(s) appearing for the Case
Patti Ann Goldman, Public Citizen Litigation Group, Washington, DC (Brian Wolfman, Public Citizen Litigation Group, Washington, DC; Mark I. Cantor; and Delverne A. Dressel, Baltimore, MD, on brief), for plaintiffs-appellants.
Raymond G. Mullady, Jr., Piper & Marbury, Baltimore, MD, argued (William L. Reynolds and Brigit A. McCann, on brief), for defendant-appellee.
Lawrence S. Ebner, McKenna & Cuneo, Washington, DC, on brief, for amicus curiae.
Before WIDENER and NIEMEYER, Circuit Judges, and G. ROSS ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
NIEMEYER, Circuit Judge:
In Worm v. American Cyanamid Co.,970 F.2d 1301 (4th Cir.1992) (Worm I), we held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., does not, expressly or by implication, preempt the field of pesticide regulation or a more narrowly defined field, but it does preempt conflicting state law causes of action that impose a duty...
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