17
Feb
Lawsuits Against Chemical Companies, Local Pesticide Limits, and Ecosystem Safety Quashed in GOP Farm Bill
(Beyond Pesticides, February 17, 2026) The Ranking Member of the Agriculture Committee in the U.S. House of Representatives, Rep. Angie Craig (D-MN), issued a swift rebuke to the GOP 2026 Farm Bill text unveiled last Friday, saying it would be “’very difficult, if not impossible’ for her to back a GOP-led farm bill because it contains ‘poison pills’ and doesn’t do enough to aid struggling farmers,” according to Politico. She did not specifically point to the key controversial provisions that eliminate three core safeguards that are seen as critical to the health of farmers, consumers and the environment—judicial review of chemical manufacturers’ failure to warn about pesticide hazards, the democratic right of local governments in coordination with states to protect residents from pesticide use, and local site-specific action to ensure the safety of air, water, and land from pesticides.
Beyond Pesticides responded with a nationwide action to Tell members of the U.S. House of Representatives to stop provisions in the Farm Bill that shield chemical companies from liability for the harm caused by their products, intrude on local communities’ democratic right to restrict pesticides, and eliminate pesticide restrictions governing clean water, environmental impacts, and endangered species; with a request to support the transition to organic agricultural practices.
In January, Politico reported that, “Craig and other House Ag Democrats are hoping that Senate Agriculture Chair John Boozman (R-Ark.) will put forward a more bipartisan bill in his chamber. Boozman has already said he’s likely to leave out some controversial provisions—including the labeling preemption for pesticide makers — in order to reach the Senate’s 60-vote threshold.”
The chair of the Agriculture Committee, in releasing the Republican Farm Bill text in three separate sections: (i) prohibits lawsuits by farmers and consumers harmed by pesticides for which manufacturers failed to provide complete safety warnings (Section 10205); (ii) takes away the authority of local governments to protect residents and the local environment from pesticide use (Section 10206), and; (iii) repeals requirements in numerous federal statutes to protect against local pesticide contamination that could affect waterways, drinking water, federal projects, endangered species, migratory birds, and toxic waste (Section 10207).
Expected to be put to a committee vote as early as February 23, the basic right to sue chemical manufacturers for the harm caused by their toxic products and their failure to warn about those hazards is being threatened (Section 10205). Litigation has always been a tool for holding manufacturers accountable for the damages they cause, providing an important check on the marketing of products beyond baseline regulations issued by the U.S. Environmental Protection Agency (EPA). While this has always been of fundamental importance, environmental and public health advocates say it is especially critical with the current dismantling of EPA and deregulation of the chemical industry. “Instead of destroying incentives to ensure corporate responsibility, Congress through the Farm Bill should be facilitating the transition to ecological-based practices, like federally defined organic methods, that address the existential health, biodiversity, and climate issues of our time,” said Jay Feldman, executive director of Beyond Pesticides.
Beyond revoking this basic right to be warned of product hazards, the legislation preempts the authority of local governments to protect their residents from pesticide exposure, as determined by state governments (reversing a 1991 U.S. Supreme Court decision in Wisconsin Pub. Intervenor v. Mortier | 501 U.S. 597, 1991) (Section 10206). Furthermore, the bill exempts registered pesticides from further “permitting or approval requirements,” which could include permits to restrict pesticides under the Clean Water Act, requirements for an environmental impact statement under the National Environmental Policy Act, or meet review standards under the Endangered Species Act, Migratory Bird Act, and other statutes affecting pesticide storage, transportation, and toxic waste (Section 10207).
Chemical manufacturers, led by Bayer/Monsanto, have been moving across the U.S. with state legislation to shield manufacturers from lawsuits by consumers and farmers who have been damaged by pesticides and not warned of hazards, like cancer. Now, they are moving their chemical company immunity campaign to the U.S. Congress, and then the Supreme Court. This follows years of successful litigation against Monsanto and over $10 billion in jury verdicts and settlements on adverse effects of the weed killer glyphosate/Roundup.
Chemical-intensive agriculture is a significant contributor to human illness, environmental pollution, loss of biodiversity, and global climate change—principally through its dependence on chemical pesticides and fertilizers. These negative impacts—as well as property and crop damage to neighbors caused by drift—are known as “externalities” because their costs are not borne by those who profit from the practices that cause them. Certified organic agriculture, on the other hand, is specifically required by the Organic Foods Production Act (OFPA) to eliminate those adverse effects. Thus, organic farmers internalize the costs of providing food without harm to people and the planet.
With the Farm Bill under consideration, the industry is engaged in a multi-pronged attack on long-standing protections.
Liability and Failure to Warn (Reject Section 10205)
The courts have ruled on the liability principle over the history of pesticide regulation. A 2005 Supreme Court decision, in Bates v. Dow Agrosciences LLC | 544 U.S. 431 (2005), upheld the right of farmers in Texas, who followed the pesticide label and experienced crop loss, to sue for damages. The manufacturer argued unsuccessfully that because it registered its product with EPA, the farmers were preempted from suing them. The principle supporting opposition to industry efforts to legislate immunity for manufacturers’ failure to warn is similar. Those who suffer harm through no fault of their own must be able to sue for manufacturers’ failure to provide a warning on the product label. Earlier this year, it was reported in Politico that Agriculture Committee chair, Rep. Glenn “GT” Thompson (R-PA), was “pushing to pass a bill that would create federal preemption for pesticide labeling” so that manufacturers will not be held liable for hiding adverse effects information. He further said that the bill will be a critical opportunity to include the pesticide and agriculture industry-based measure.
Preemption of State and Local Authority (Reject Section 10206)
In an attempt to consolidate authority in the federal government, where the chemical industry wields tremendous influence, amendments to the Farm Bill will preempt local and state authority to allow more stringent standards governing pesticide use. Local restrictions on pesticide use in the face of ongoing poisoning and contamination have shown that effective land management does not require toxic pesticide use. Historically, localities have exercised their democratic right to protect public health and safety where state and federal standards are not adequately protective of their residents. Local governments have exercised this right in many areas affecting the health of people and the environment, such as with smoking, recycling, dog waste, and other standards.
Exemption of Pesticides from Reviews to Protect Water, Ecosystems, and Endangered Species (Reject Section 10207)
With broad language, the bill exempts pesticides registered by EPA from all other permitting and approval requirements under other statutes intended to ensure protection of waterways, federal lands and related projects, endangered species, migratory birds, and pesticide storage, transportation, and toxic waste. Permitting and approval processes that could be affected include permits required to restrict pesticide discharges into waterways, environmental impacts statements to establish safer practices for federal lands and projects, and additional and higher standards of review to protect endangered species and biodiversity.
Transition to Organic
While seeking to retain these authorities and ensure accountability of harm and the right to protect communities from weak federal restrictions, there are opportunities in the Farm Bill to support the transition to organic land management. Important measures to incorporate in the Farm Bill include:
- Full funding for the Organic Certification Cost Share Program;
- The collection and reporting of organic dairy data, which is essential to the viability of organic dairy producers;
- Adequate resources for the USDA National Organic Program (NOP) to effectively oversee and enforce organic standards; and,
- Increased investment in organic research to keep pace with the growth of the organic sector.
Tell members of the U.S. House of Representatives to stop provisions in the Farm Bill that shield chemical companies from liability for the harm caused by their products, intrude on local communities’ democratic right to restrict pesticides, and eliminate pesticide restrictions governing clean water, environmental impacts, and endangered species. Ask them to support the transition to organic agricultural practices.
*If a member is on the U.S. House Agriculture Committee, submitted letters will automatically adjust to recognize Committee membership.
Beyond Pesticides urges people, in addition to submitting letters, to call their member of Congress. Click here for specific phone numbers for members of the U.S. House Agriculture Committee, with a targeted message available below. *Committee members are highlighted if they DID NOT sign on to a letter calling on House leadership to reject pesticide preemption in the Farm Bill or any other legislative package in 2026.
Letter to Members of the U.S. House of Representatives (not on the Agriculture Committee):
As the Farm Bill comes up for a vote in the House Agriculture Committee in the next week, I am writing to ask you to reach out to your colleagues on the Committee and request that they:
- Help keep chemical company liability shields out of the Farm Bill. (Reject Section 10205.) Please oppose and urge your colleagues on the House Agriculture Committee to reject in the Farm Bill chemical manufacturer immunity from liability associated with the harm caused by toxic pesticide use and manufacturers’ failure to warn users of potential hazards. This is bad for farmers and consumers, so help stop these provisions in the markup process and when the bill is put up for a floor vote.
- Protect states’ authority to protect the public from pesticides, including on their own property, by keeping preemption language out of the Farm Bill. (Reject Section 20106.) Please ask your colleagues to stop the attack on local and state authority to restrict pesticides. As communities seek to exercise their democratic right to protect health and the environment in the face of pesticide exposure, it is clear that effective land management of parks, playing fields, and schoolyards does not require toxic pesticide use. As we celebrate the 250th anniversary of the United States, and with respect to the legacy of individual rights and respect for the Constitution and balance of government between federal, state, and local branches, Congress should not be stepping into states to tell local governments that they cannot exercise this right, as communities have done with smoking, recycling, dog waste, and other standards.
- Protect water, ecosystems, and endangered species. (Reject Section 10207.) Help stop broad language that exempts EPA-registered pesticides from all other permitting and approval requirements under statutes intended to ensure protection of waterways, federal lands and related projects, and endangered species. Permitting and approval processes that could be affected include permits required to restrict pesticide discharges into waterways (Clean Water Act), environmental impact statements to establish safer practices for federal lands and projects (National Environmental Policy Act), and additional and higher standards of review to protect endangered species and biodiversity (Endangered Species Act).
- Adopt provisions in the Farm Bill that support the transition to organic agriculture. Ask your colleagues on the Agriculture Committee to support:
- Full funding for the Organic Certification Cost Share Program;
- The collection and reporting of organic dairy data, which is essential to the viability of organic dairy producers;
- Adequate resources for the USDA National Organic Program (NOP) to effectively oversee and enforce organic standards; and,
- Increased investment in organic research to keep pace with the growth of the organic sector.
The agricultural sector, and communities across the nation, have been waiting since 2018 for a reauthorization of Farm Bill programs and priorities. Please tell your colleagues on the Agriculture Committee to prevent the adoption of poison pill liability immunity, preemption provisions, and weakened standards for the protection of waterways, ecosystems, and endangered species, while supporting the transition to organic agricultural practices.
Thank you!
Letter to U.S. House Agriculture Committee Members:
I am writing to ask you to:
- Keep chemical company liability shields out of the Farm Bill. (Reject Section 20105.) Please oppose in the Farm Bill chemical manufacturer immunity from liability associated with the harm caused by toxic pesticide use and manufacturers’ failure to warn users of potential hazards. This is bad for farmers and consumers, so help stop these provisions in the markup process or when the bill is put up for a floor vote.
- Help protect states’ authority to protect the public from pesticides, including on their own property, by keeping preemption language out of the Farm Bill. (Reject Section 10206.) Please stop the attack on local and state authority to restrict pesticides. As communities seek to exercise their democratic right to protect health and the environment in the face of pesticide exposure, it is clear that effective land management of parks, playing fields, and schoolyards does not require toxic pesticide use. As we celebrate the 250th anniversary of the United States, and with respect to the legacy of individual rights and respect for the Constitution and balance of government between federal, state, and local branches, Congress should not be stepping into states to tell local governments that they cannot exercise this right, as communities have done with smoking, recycling, dog waste, and other standards.
- Protect water, ecosystems, and endangered species. (Reject Section 10207.) Stop broad language that exempts EPA-registered pesticides from all other permitting and approval requirements under statutes intended to ensure protection of waterways, federal lands and related projects, and endangered species. Permitting and approval processes that could be affected include permits required to restrict pesticide discharges into waterways (Clean Water Act), environmental impact statements to establish safer practices for federal lands and projects (National Environmental Policy Act), and additional and higher standards of review to protect endangered species and biodiversity (Endangered Species Act).
- Support provisions in the Farm Bill that advance the transition to organic agriculture. Please support:
- Full funding for the Organic Certification Cost Share Program;
- The collection and reporting of organic dairy data, which is essential to the viability of organic dairy producers;
- Adequate resources for the USDA National Organic Program (NOP) to effectively oversee and enforce organic standards; and,
- Increased investment in organic research to keep pace with the growth of the organic sector.
The agricultural sector, and communities across the nation, have been waiting since 2018 for a reauthorization of Farm Bill programs and priorities. As a member of the Agriculture Committee, please prevent the adoption of poison pill liability immunity, preemption provisions, and weakened standards for the protection of waterways, ecosystems, and endangered species, while supporting the transition to organic agricultural practices.
Thank you!
Keep chemical company liability shields out of the Farm Bill. (Reject Section 20105.) Please oppose in the Farm Bill chemical manufacturer immunity from liability associated with the harm caused by toxic pesticide use and manufacturers’ failure to warn users of potential hazards. This is bad for farmers and consumers, so help stop these provisions in the markup process or when the bill is put up for a floor vote.
February 19th, 2026 at 5:24 pmHelp protect states’ authority to protect the public from pesticides, including on their own property, by keeping preemption language out of the Farm Bill. (Reject Section 10206.) Please stop the attack on local and state authority to restrict pesticides. As communities seek to exercise their democratic right to protect health and the environment in the face of pesticide exposure, it is clear that effective land management of parks, playing fields, and schoolyards does not require toxic pesticide use. As we celebrate the 250th anniversary of the United States, and with respect to the legacy of individual rights and respect for the Constitution and balance of government between federal, state, and local branches, Congress should not be stepping into states to tell local governments that they cannot exercise this right, as communities have done with smoking, recycling, dog waste, and other standards.
Protect water, ecosystems, and endangered species. (Reject Section 10207.) Stop broad language that exempts EPA-registered pesticides from all other permitting and approval requirements under statutes intended to ensure protection of waterways, federal lands and related projects, and endangered species. Permitting and approval processes that could be affected include permits required to restrict pesticide discharges into waterways (Clean Water Act), environmental impact statements to establish safer practices for federal lands and projects (National Environmental Policy Act), and additional and higher standards of review to protect endangered species and biodiversity (Endangered Species Act).
Support provisions in the Farm Bill that advance the transition to organic agriculture. Please support:
Full funding for the Organic Certification Cost Share Program;
The collection and reporting of organic dairy data, which is essential to the viability of organic dairy producers;
Adequate resources for the USDA National Organic Program (NOP) to effectively oversee and enforce organic standards; and,
Increased investment in organic research to keep pace with the growth of the organic sector.