Starr v. Dow Agrosciences LLC

OPINION AND ORDER

MOSMAN, District Judge.

Plaintiffs Don and Karen Starr are residents of Summerville, Oregon where they make their living as mint farmers. Against three nonresident companies, the plaintiffs assert several common law theories, alleging that the application of a herbicide manufactured by defendants caused reductions in their mint-crop yield for 2001. Defendants respond that plaintiffs’ claims are preempted by federal law, specifically, the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) and its implementing regulations. Defendants further argue that, even if the…