My friend and fellow consumer right lawyer Jay Urban has made the news again regarding Imprelis.
Another 34 homeowners filed lawsuits Thursday against DuPont in Waukesha
County alleging that the chemical company's herbicide Imprelis that was
applied to their lawns last year has killed or is killing their trees.
Imprelis has proved to be a "frighteningly effective tree killer,"
the suits state, noting that shortly after DuPont began selling the
herbicide "reports began emerging that trees located in proximity to
Imprelis application sites were yellowing and dying."
Coniferous trees such as pines or spruces are particularly
susceptible to being damaged or killed by the herbicide, according to
The suits were filed by attorney Jay A. Urban on behalf of the property owners.
"We are filing individual cases, not a class action, because we want
DuPont to treat our homeowners individually and fairly," Urban said.
DuPont is facing similar lawsuits across the country on Imprelis,
which was first used in the fall of 2010, over tree death and damage.
Urban contends the herbicide is still causing damage, even though it was applied in the spring of last year.
"Imprelis is still in the soil and it is affecting new growth this
early spring. Plus we recently suspect that new species of trees, like
maples, are now dying, as well," he said.
The U.S. Environmental Protection Agency in August ordered DuPont to
stop the sale and use of the herbicide, which was distributed and sold
primarily to lawn care professionals.
DuPont has established a claims process for those affected, but Urban
contends it is flawed. He said those who agree to the process are being
rushed into settlements before the full extent of the damage is known.
That is unfair to homeowners, Urban said.
But DuPont spokeswoman Kate Childress said Thursday the company is
engaged in a comprehensive claims resolution process that fairly
addresses damage due to Imprelis.
In a statement the company released in response to the latest
lawsuits, DuPont said that depending on the circumstances of the
property, the main components of compensation typically covered in these
resolution agreements may include tree removal and disposal; tree
replacement or compensation; replacement tree care; tree warranty;
maintenance of other affected trees and additional compensation to