-Caveat Lector-

Landowners sue DuPont, alleging herbicide damage

Copyright © 2002 AP Online

By MARK WARBIS, Associated Press

BOISE, Idaho (April 16, 2002 9:33 p.m. EDT) - More than 100 farmers and
ranchers in Idaho are suing E.I. duPont de Nemours and Co., seeking potentially
hundreds of millions of dollars for crop damage allegedly done by the herbicide
Oust.

Aerial and ground applicators of the DuPont chemical also were named in the 5th
District Court lawsuit, and a claim raising the same allegations was filed
against the U.S. Bureau of Land Management.

The precise amount of damages is to be determined at trial, including loss of
profits, land value, production capacity, rental income and reputation. Boise
attorney Walter Bithell, representing the landowners, said the total could be
in the hundreds of millions of dollars.

The complaints allege more than 100,000 acres in 11 counties were affected by
Oust. The chemical allegedly was carried by the wind from burned-off rangeland
where the BLM had the herbicide applied in 1999 and 2000 to prevent the
emergence of noxious weeds.

Bithell said some of the farmers have defaulted on loans or been driven to the
brink of bankruptcy by losses in potato, sugar beet, grain and other crops in
2000 and 2001.

The Idaho Department of Agriculture investigated the crop losses and reported
in January that the BLM violated state law by applying Oust near agriculture
property to dusty, highly erodible rangeland that had been denuded by wildfire.


DuPont spokesman Dan Goicoechea said the company was reviewing the complaint
but that the fault was not with the chemical's manufacturer.

"Any alleged crop damage occurred from BLM's failure to follow product label
instructions and its own environmental analysis requirement," Goicoechea said.


The BLM instituted a statewide moratorium on Oust use last June 22. Agency
spokesman Barry Rose said Tuesday that the claim would be assessed. The BLM has
120 days to review the claim and determine whether to offer compensation or
possibly face a lawsuit.

"We feel the situation was not caused by carelessness on our part, but by
environmental conditions that were extreme and unanticipated," namely a
prolonged drought, Rose said. "We believe we applied the herbicide Oust in
accordance with label directions which had been approved by EPA and the state
of Idaho."

The lawsuit alleges negligence by DuPont and the applicators, and that Oust is
a defective product.

"If this were a dictatorship, it'd be a heck of a lot easier, just so
long as I'm the dictator."
 -GW Bush during a photo-op with Congressional leaders on 12/18/2000.
As broadcast on CNN and available in transcript on their website
http://www.cnn.com/TRANSCRIPTS/0012/18/nd.01.html

Steve Wingate, Webmaster
ANOMALOUS IMAGES AND UFO FILES
http://www.anomalous-images.com

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