Abstract
The purpose of this Note is to analyze the relationship between the federal regulation of genetically engineered organisms ("GEOs"), and the availability of common law damage actions. Although federal regulations of GEOs are numerous and complex, this Note will examine the preemptive effect of one federal regulation, the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), on state damage actions. Because there is a dearth of case law analyzing actual harm caused by genetically engineered pesticides, this Note will evaluate this preemptive effect by examining state damage claims involving chemical pesticides. This analysis will subsequently be adjusted to accommodate the differences between chemical pesticides and genetically engineered pesticides. The final section of this Note will estimate and evaluate the available legal remedies for harms caused by GEOs.
How to Cite
Steen, C. M., (1996) “FIFRA's Preemption of Common Law Tort Actions Involving Genetically Engineered Pesticides”, Arizona Law Review 38(2), 763–791.
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