Farmers will need to stop up to access major $400M Dicamba settlement
ST. LOUIS, Mo. — For American farmers who have suffered damage to millions of acres of crops near those sprayed with the controversial dicamba herbicide, the time will soon be here to claim their portion of a $400 million settlement announced today, according to the law firm Peiffer Wolf Carr Kane & Conway (Peiffer Wolf).
Monsanto has agreed to pay up to $400 million to soybean producers and additional amounts to certain producers of other crops who suffered dicamba damage from dicamba sprayed over-the-top of dicamba tolerant soybeans or cotton from 2015 through 2020. Monsanto will also pay litigation expenses, attorneys’ fees, claims administration expenses and other costs in addition to the amounts provided to qualified claimants. The total value of the settlement is expected to reach up to $400 million.
Producers who make a claim will be required to produce evidence of dicamba symptomology and yield loss. It is expected that the claims process will begin later this year after the 2020 harvest has been completed. Details and timing issues are still being worked out. Farmers who want to stay informed can go to https://dicambadrift.com/, where Peiffer Wolf will provide regular updates as the process unfolds.
Peiffer Wolf managing partner Joseph Peiffer said: “This settlement could not come at a better time for farmers. It will provide much needed resources for farmers in these difficult times and compensate them for the dicamba-related losses they have suffered. We have been fighting to get justice for the backbone of America’s economy and way of life. The settlement announced today is an important step to making things right for the farmers who just want to be able to put food on the table of America and the world.”
Peiffer Wolf attorney Paul Lesko, a member of the plaintiff’s executive committee that worked out the settlement, said: “We cannot stress enough the importance for farmers who have suffered dicamba damage to step forward and make their claim. This money will not flow out automatically. Farmers with dicamba crop damage will need to go through a process to get these funds, and we encourage them to get started now.”
Earlier this month, the U.S. Ninth Circuit Court of Appeals vacated registrations for three dicamba herbicides — including Monsanto/Bayer’s Xtendimax — after finding that the U.S. Environmental Protection Agency mishandling of the registration process resulted in more than one million acres of crop damage in 18 states.
Peiffer Wolf represents dozens of farmers with dicamba damage, including many that have come forward since the landmark $265 million Bader Farms verdict in February.
In 2017, 3.6 million acres of soybeans on 2,708 farms nationwide were damaged by dicamba, according to the estimate of University of Missouri crop science professor Kevin Bradley.
Peiffer Wolf Carr Kane & Conway, APLC is a national law firm with offices in Missouri, Cleveland, Austin, New York, New Orleans, San Francisco, and Los Angeles.
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