Insights

Washington – January 9, 2026: Crowell & Moring elected 15 new partners effective January 1, 2026. The firm also promoted 26 associates to counsel, and one counsel to senior counsel.

On June 25, 2026, the U.S. Supreme Court issued its landmark decision in Monsanto Co. v. Durnell, No. 24-1068, resolving a circuit split over whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state law failure-to-warn claims challenging EPA-approved pesticide labels. In a 7-2 opinion, the Court held that FIFRA expressly preempts state tort claims that would require a manufacturer to add or modify warnings on a pesticide label, at least where the U.S. Environmental Protection Agency (EPA) has evaluated the relevant risk and approved the label, whether with warnings reflecting the agency’s assessment or without a corresponding warning.

On May 4, 2026, the U.S. Department of Justice (“DOJ”) filed a federal complaint seeking to enjoin Minnesota’s state-court climate lawsuit against major energy companies. DOJ contends that Minnesota’s claims—which target global greenhouse gas emissions—intrude on exclusive federal authority. The complaint asserts that Minnesota’s lawsuit violates the dormant Commerce Clause and is preempted based on uniquely federal interests, the prohibition on extraterritorial state regulation, the Clean Air Act (“CAA”), and the Foreign Affairs doctrine.

On May 15, 2025, U.S. Department of Energy (“DOE” or the “Agency”) issued a memorandum outlining the Agency’s new policy for evaluating financial assistance awards (e.g., grants, cooperative agreements, and technology investment agreements) to identify waste, fraud, and abuse. Businesses, universities, non-profit organizations, and other entities that have received DOE financial assistance awards now face increased risk of investigation and potential award termination, withholding of funding, and project modification.