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People Over Pesticides Victory |
WASHINGTON, DC - The United States Supreme Court recently upheld the right of people to sue pesticide manufacturers to compensate them for injuries caused by toxic pesticides.
Patti Goldman, an attorney for Earthjustice in Seattle, says "This decision is a victory for fairness to individuals who are poisoned by toxic pesticides. This decision makes pesticide manufacturers accountable for the harm their products cause and creates incentives for those corporations to refrain from promoting dangerous pesticides and to make sure their labels disclose and guard against the risks posed by these products."
In Bates v. Dow Agrosciences, the US Supreme Court was asked to determine whether federal pesticide law closes the courthouse doors to people injured by pesticides. In Bates, Texas farmers applied an herbicide called "Strongarm" to prevent weeds in their peanut crops, but Strongarm stunted the peanut crops, causing serious economic damage. The Texas farmers went to state court in an effort to make the pesticide makers pay for damage to the crops. The pesticide makers claimed they are shielded from court challenges by federal law, the key dispute before the US Supreme Court. The importance of the case, however, goes beyond the right to recover for crop damage. The court’s ruling also determined that thousands of people harmed by pesticides can hold pesticide companies accountable in state courts for making and distributing dangerous chemicals. Pesticide companies had claimed that federal law shields them from all such suits. The court ruled against the pesticide companies.
Dow Agrosciences, joined by the Bush administration, had argued that federal law insulates pesticide makers from injured parties’ lawsuits. The Supreme Court rejected this argument, upholding the right to sue for harm caused by defectively designing, negligent testing, and misbranding a pesticide.
Patti Goldman, an attorney for Earthjustice in Seattle, says "This decision is a victory for fairness to individuals who are poisoned by toxic pesticides. This decision makes pesticide manufacturers accountable for the harm their products cause and creates incentives for those corporations to refrain from promoting dangerous pesticides and to make sure their labels disclose and guard against the risks posed by these products."
In Bates v. Dow Agrosciences, the US Supreme Court was asked to determine whether federal pesticide law closes the courthouse doors to people injured by pesticides. In Bates, Texas farmers applied an herbicide called "Strongarm" to prevent weeds in their peanut crops, but Strongarm stunted the peanut crops, causing serious economic damage. The Texas farmers went to state court in an effort to make the pesticide makers pay for damage to the crops. The pesticide makers claimed they are shielded from court challenges by federal law, the key dispute before the US Supreme Court. The importance of the case, however, goes beyond the right to recover for crop damage. The court’s ruling also determined that thousands of people harmed by pesticides can hold pesticide companies accountable in state courts for making and distributing dangerous chemicals. Pesticide companies had claimed that federal law shields them from all such suits. The court ruled against the pesticide companies.
Dow Agrosciences, joined by the Bush administration, had argued that federal law insulates pesticide makers from injured parties’ lawsuits. The Supreme Court rejected this argument, upholding the right to sue for harm caused by defectively designing, negligent testing, and misbranding a pesticide.
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