Aimee Wagstaff , Andrus Wagstaff, Lakewood, CO, R. Brent Wisner , Wisner Baum, LLP, Los Angeles, CA, David Wool , Wool Trial Law, Denver, CO, for Amici Curiae Ava Pilliod, Alberta Pilliod.
Alisa A. Coe , Earthjustice, Tallahassee, FL, Patti Ann Goldman , Earthjustice, Seattle, WA, for Amici Curiae Farmworker Association of Florida, Pesticide Action Network, United Farm Workers & UFW Foundation, Farmworker Justice, Migrant Clinicians Network.
Leah Marie Nicholls , Public Justice, PC, Washington, DC, for Amicus Curiae Public Justice.
Joshua Craddock , Wilson Sonsini Goodrich & Rosat, Boulder, CO, Mark Yohalem , Wilson Sonsini Goodrich & Rosati — CA, Los Angeles, CA, for Amicus Curiae The Retail Litigation Center.
Leslie A. Brueckner , Senior Attorney, Bailey & Glasser, LLP, Oakland, CA, David Wool , Wool Trial Law, Denver, CO, for Amicus Curiae Public Justice, P.C.
William Robert Stein , Attorney, Hughes Hubbard & Reed, LLP, Washington, DC, Thomas Lee , Law Office of Thomas Lee, New York, NY, Theodore Mayer , Hughes Hubbard & Reed, LLP, New York, NY, for Amici Curiae Chamber of Commerce of the United States of America, The Pharmaceutical Research and Manufacturers of America.
William Robert Stein , Attorney, Hughes Hubbard & Reed, LLP, Washington, DC, for Amicus Curiae Products Liability Advisory Council, Inc.
Lawrence Steven Ebner , Capital Appellate Advocacy PLLC & Atlantic Legal Foundation, Washington, DC, for Amici Curiae Atlantic Legal Foundation, Washington Legal Foundation.
Wilson, Circuit Judge, filed a dissenting opinion.
William Pryor, Chief Judge:
This appeal presents the question whether, under an express-preemption provision, a federal agency action that otherwise lacks the force of law preempts the requirements of state law. John Carson developed cancer after decades of using the popular weedkiller Roundup. He sued...
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