Dicamba Lawsuit Lawyers: “Dicamba Drift” Crop Damage and Dicamba Ban Claims

Dicamba Lawsuit Lawyers

Dicamba is a powerful herbicide that is toxic to most broad-leaf weeds. It’s become hugely popular with some farmers, but it’s also become just a huge problem for others. As a result, in June 2020, a federal court ruling revoked the EPA approval of dicamba, effectively banning it from the market. If you’ve been a victim of either “dicamba drift” or the dicamba ban, the experienced attorneys at Parker Waichman LLP may be able to help you recover compensation through a dicamba lawsuit. Call 800-968-7529 today to get a free case evaluation and learn about your legal rights.

What Does Dicamba Herbicide Kill?

Dicamba is a type of herbicide. It’s used on farms to kill weeds like clover, chickweed, and dandelions that can impair the growth of crops like soybeans and cotton.

What Is Dicamba Drift?

Dicamba drift refers to the spread of this herbicide when it’s caught by the wind and spreads to other farmland, destroying crops. Dicamba is a very volatile product that can turn into a vapor, which is then carried by the wind and may reach other farms growing non-resistant plants, causing significant crop damage. This defect in the product’s stability has led to the destruction of millions of acres of crops, which has caused economic losses for thousands of farmers. More than 3.6 million acres of crops have been damaged by dicamba drifting onto fields without resistance to the herbicide. In addition, the affected farms are unable to file federal crop insurance claims for dicamba drift crop damage because farming insurance does not pay out on crops that have been damaged by herbicides. If this has happened on your farm, contact us right away for help filing your dicamba drift lawsuit.

What Has Been Done to Stop Dicamba Drift?

The most effective way to stop dicamba drift is by passing laws that will prevent its widespread use. On Feb. 17, 2020, a federal jury awarded Bader Farms, a Missouri peach farm, $265 million in monetary compensation in a dicamba drift lawsuit filed against two makers of products containing dicamba: Bayer and BASF. The dicamba lawsuit alleged that the herbicide could be carried by the wind and land on neighboring farms with non-resistant crops, leading to the destruction of entire fields of crops. On June 4, 2020, the U.S. Court of Appeals for the Ninth Circuit revoked the EPA’s approval of three products containing dicamba: Engenia (made by BASF), FeXapan (made by Corteva), and XtendiMax (made by Bayer). These products have been used on millions of acres of cotton and soybeans, especially in Alabama, Arkansas, Illinois, Kentucky, Minnesota, Mississippi, North Carolina, Tennessee, and Texas.

Is Dicamba Illegal?

Yes: Dicamba is a harmful, defective, and illegal herbicide. The EPA gave permission for farmers to use the herbicide until July 2020, but this flouted court-ordered restrictions. If your crops were damaged by someone else’s illegal use of this chemical, you may be entitled to compensation by filing a dicamba lawsuit.

How Has the Dicamba Ban Also Hurt Farmers?

Many crops are susceptible to weeds, which cause low crop yields and are often impossible to manually remove from fields. In the past two years, dicamba has become the “go-to herbicide” to control the growth of these weeds, and millions of acres of farmland have been planted with dicamba-resistant crops. Now, farmers who planted dicamba-resistant crops are facing tremendous economic losses because they cannot purchase or use dicamba to kill the pervasive and destructive weeds. Farmers who have come to depend on this herbicide may also have grounds for a BASF dicamba lawsuit.

How Dangerous Is Dicamba?

Dicamba is highly toxic to a wide variety of plants, and it’s spread easily by the wind, making it highly damaging to the environment. Many acres of crops and farmland have been devastated by this chemical drifting in from a neighboring property.

Is Dicamba Drift Harmful to Humans?

As far as studies have shown, dicamba is more harmful to plants than humans. It is moderately toxic when swallowed or when it comes into contact with the eyes. Some studies have investigated possible links to cancer, but the results were inconclusive.

Is Dicamba the Same as Roundup?

No. Roundup and Dicamba are two entirely different herbicides. Each one of them has their own benefits and problems that have been associated with their use.

What is the Latest News on the Roundup Lawsuit?

As of September 24, 2020, the Roundup lawsuit is still in progress. Bayer AG (the owner of Roundup) has already settled thousands of cases and talks are still in progress with those who have yet to settle.

Is Dicamba a Pesticide?

While dicamba is first and foremost an herbicide, it is also considered a restricted-use pesticide. This means that in order to use it as a pesticide, you must be a certified applicator in order to do so. This includes training and wind speed restrictions to prevent drift.

What Herbicide Products Contain Dicamba?

There are several products available to contain dicamba. The list includes, but is not limited to: Q4 Plus Turf Herbicide, Cool Power Selective Herbicide, Horsepower Selective Herbicide, Quincept Selective Herbicide, Surge Broadleaf Herbicide for Turf, and Quali-Pro 2DQ Herbicide.

Who Has Grounds for a Dicamba Drift Lawsuit?

Parker Waichman is investigating two types of legal actions against the manufacturers of products containing dicamba, with the goal of standing up for the legal rights of both farmers who used dicamba and those who did not. Farmers who have been victims of dicamba drift and experienced crop damage at the hands of this dangerous chemical may be able to recover compensation from Monsanto, owned by Bayer, and BASF through a dicamba drift lawsuit. A dicamba drift lawsuit can bring these companies to justice for selling a defective product that harmed your livelihood. If your farm planted dicamba-resistant crops and you are now unable to purchase the herbicide you need, you also may be able to file a dicamba drift lawsuit and recover monetary compensation for your losses. These claims would be based on the fact that these companies released dicamba-resistant seeds but failed to produce a safe version of dicamba that could be applied to these crops.

Trust Your Dicamba Claim to Experienced Attorneys

At Parker Waichman, our national product liability attorneys are extremely concerned about the financial devastation caused by dicamba drift crop damage and the enormous potential losses that farmers who planted dicamba drift-resistant crops will endure. Our law firm has years of experience taking on big companies like Bayer and BASF, and we’re not afraid to tackle even the most challenging cases. Our tenacious advocates have recovered more than $2 billion in compensation for our clients, including individuals and small-business owners who have suffered damages caused by multinational corporations. Along the way, we’ve earned stellar reviews as well as honors like inclusion in Best Lawyers and Martindale-Hubbell’s highest peer-review rating, “AV Preeminent.”