After three days of deliberation, a federal jury in the U.S. District Court in Boise, Idaho came back with a verdict in the ongoing lost crop lawsuit. The jury reached findings of negligence on the part of the Bureau of Land Management (BLM) for using an herbicide that 130 farmers claimed cost millions of dollars in crop damage, and of selling a defective product on the part E.I. DuPont de Nemours (DuPont).Following wildfires in 1999 and 2000, the BLM decided to spray the herbicide Oust on public lands to clear out invasive weeds. Winds caused the herbicide to spread onto nearby crops, which, subsequently died. Tests later showed the soil had an unhealthy level of broad spectrum herbicide. DuPont is the maker of Oust.
Thus, the 130 farmers who suffered crop damage joined together and brought a lawsuit against BLM and DuPont for the damaged crops. On Monday, August 24, 2009, the jury found DuPont “responsible for selling a product that was defective and unreasonably dangerous and lacking adequate warnings,” according to the Associated Press story on the case. The BLM was found negligent for using the herbicide. The jury found DuPont 60 percent at fault and the BLM 40 percent at fault.
The attorney for the plaintiffs, Steven Anderson, believes Monday’s verdict clears the way for the case to move forward to the damages portion. The farmers are seeking damages for destruction of their potato, sugar beets, grains, and corn crops from 2000-2004. The farmers’ cropland has since recovered.
During the trial DuPont and the BLM essentially blamed the other for the damage. J. Walter Sinclair, DuPont’s attorney, said that an appeal is eminent. It is clear that though the six week trial portion of the case is over, this lawsuit has a long way to go before all the dust settles.
To read the Associated Press story click here.
To read previous US Agricultural and Food Law and Policy Blog posts click here.
Posted: 08/27/09
