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DuPont Imprelis update: still no satisfaction for most tree owners

Can you imagine staring at dead and dying sixty-foot-plus evergreen trees on your property for more than one year? And knowing who’s to blame?

evergreen tree killed by imprelis
Trees damaged by Imprelis

Big Blog Of Gardening has been reporting on DuPont’s tree-killing weed killer Imprelis since problems began in July 2011. Hard to believe, but as of this date, few tree owners have received settlement checks even months after they thought they had resolved their claims with DuPont.

Imprelis’ residual chemical action

This year, many homeowners are seeing new damage to trees more than one year after Imprelis was applied. The active chemical,  aminocyclopyrachlor, does not break down in the soil in the same way as other chemical herbicides do – aminocyclopyrachlor requires ultraviolet light and bacteria to eat away at it. If sunlight and bacteria can’t act on it (like if it’s below the surface in chemically fertilized soil which has destroyed the bacteria), when new rains fall, the lying-in-wait Imprelis is pushed deeper into the soil where it finds ornamental plant root systems to attack.

Twenty-two states, from Kansas to Pennsylvania, initially reported damages to trees and ornamental plants. Coincidentally, many of these states had higher-than-expected rainfall last spring. Imprelis hadn’t had time to break down, was moved along by rain, and found tree roots that attacked deep in the soil. Damaged trees recently added to the list are willows and poplars.

From the University Of Minnesota Extension (link has been removed from UMN website): “Imprelis does not bind well to soil particles and is a very water-soluble compound… Because it is active over a long period of time in soils and because its low adsorption and high solubility allow it to move downward in soil,… Imprelis was able to reach the root systems of ornamental plants,… and injury occurred. It is still not known why particular spruce and pine species are so susceptible to Imprelis.”

The risk in replacing Imprelis-damaged trees

If the Imprelis problem was in my yard, I would be very leery of planting new trees in the same area as the damaged or dead trees. When the Imprelis-damaged trees are dug up, and the soil is disturbed, that action may stimulate the still-active Imprelis down toward the roots of the new trees and nearby plants. The new trees and plants could be damaged by Imprelis, starting the whole aggravating process over again.

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From Michigan State University’s Extension Service: “Where… trees were killed or severely damaged… it is less clear that it will be safe to plant this spring. DuPont conducted a study in which they planted cotton, soybeans, and sunflowers in fields one year after Imprelis application and found that responses varied from no plant damage to plant death.”

As homeowners grow more irritated with DuPont’s delayed resolution process and legal firms become more aggressive in recruiting them, it’s estimated that DuPont’s Imprelis liability may skyrocket from the Wall Street estimate of 1 billion dollars to 3 to 4 billion. In fact, 29 new lawsuits were filed in February 2012 in Wisconsin.

According to comments on the investor website Seeking Alpha.com: “If Dupont doesn’t properly and sufficiently compensate quickly… those who’s (sic) properties have been damaged by Imprelis will give up on that claims process and many many more will head to court and demand jury trials. In many states, such as Ohio, there are treble damage laws in place to ensure the compensation to plaintiffs is tripled. “ (page has been removed from site)

and

“This time Dupont won’t be able to downplay this Imprelis mess because it damaged the properties of a wide range of professionals who are waiting to see if Dupont makes good on their vows of compensation. These property owners are lawmakers, judges, attorneys, television producers, media news professionals and others who will not let this go unnoticed by the public or Dupont shareholders if they are not satisfied…”

Avoid contaminating compost with Imprelis

If your trees are damaged by Imprelis, if an adjoining property has trees damaged by Imprelis, or if you live on or near a property treated with Imprelis last spring (even if no trees are damaged), do not use lawn clippings, tree or shrub debris as compost. Lingering Imprelis may be present in yard waste and may cause damage to the plants you treat with this compost. This warning is clearly stated on the Imprelis label issued by DuPont (except for the tree damage part).

23 thoughts on “DuPont Imprelis update: still no satisfaction for most tree owners”

  1. My yard was ruined last spring when we were sold 7 yds of Imprelis contaminated wood mulch. Within 3 days of application, all my plants and shrubs went into severe shock and began dying. The plants looked as tohugh acid had been tossed on top of the leaves which was odd since the mulch was applied at the base. I’ve lost 50% of a giant perennial garden which took me 7 years to create. My trees got sick as well and the evergreens near to where the mulch went down also went into shock and are half dead.
    The co owner DK Organics/Sidney Services in Lake Bluff, Il. would take no responsibility. I had to remove all the mulch ($1200) when it became clear I would lose everything if I didn’t act fast. I tried to get the EPA involved. Nothing. I sent mulch for testing. The lab got weird when I mentioned Imprelis and Dupont. And of course the mulch was fine. Year 2 I was hoping the worst was over. Sadly, new plant growth is coming in looking the same. I think my yard is now toxic and will be for some time to come.
    This has been a horrible experience. I have written another complaint letter to the EPA. we will see if I hear anything. BTW, I also spoke with Dupont. They could give me no answers. Nor would they investigate this co. I filed a complaint with BBB, and a complaint on Angie’s list. What else can I do? How long will this last? How do we fight back?

    1. Vicky:
      I’m so sorry for your experience. That’s a disaster. The symptoms certainly sound like Imprelis damage, but the only way to know for sure is to have your soil around the dying plants tested (not the mulch). The product label on Imprelis clearly states – even before recall – that treated yard waste shouldn’t be composted, as the herbicide lingering in the compost will still be active.
      As for what you can do – wait at least one more season before planting any new trees or plants. The continued damage seems to last about 2 seasons until Imprelis has deteriorated sufficiently in the soil. As for your recourse, you can file a claim with DuPont or hire one of the many law firms currently suing them – do a google search and you’ll find many. Unfortunately, even if you’re monetarily compensated, those beautiful old growth plants may be gone forever.
      If trees are affected, don’t panic and cut them down immediately, unless they’re definitely dead. Trees with only a small amount of injury are able to recover from the damage. Good luck.

  2. Sherri in Indiana

    We filed the paperwork in October 2011 and received payment in September 2012. The four trees finally came down yesterday, and the stumps were removed today.

    I am nervous to plant new trees. Is there a resource to know what kinds of trees should be safe from Imprelis damage?

    1. Sherri: Congrats on your settlement. As far as planting new trees, according to the experts at Michigan State University, “The soil half-life of Imprelis applied to turf is 37 to 103 days. This means the initial concentration is reduced by 50 percent after one half-life and then reduced by 50 percent again (25 percent of initial) after the second half-life and so on. Assuming the half-life data are correct and at least three half-lives will have passed since 2011 applications, soil concentrations of Imprelis should be no more than one-eighth their initial level by early spring 2012.”
      So in theory, it should be safe to plant any tree in that same space, however your soil was disturbed when the trees and stumps were removed(if they were removed roots and all), so any imprelis that was deep in the soil and still active may have been brought closer to the surface. As Imprelis attacked conifers, your safest bet would be to plant deciduous trees in that space this year, or wait until next spring (2014) if you want to plant trees similar to those that were damaged. Good luck!

  3. Every time I look out my windows or approach my property I get sick to my stomach. One of the reasons I purchased this particular property was because of all the beautiful trees that surrounded it. Ten 80-90 foot tall fabulour White Pines flanked my drive way and graced the street with their massive presence. These beautiful giants were taken down early this year along with three beautiful old flowering threes and a 30′ tall Norway Spruce as a result of damage caused by DuPont’s Imprelis. The symptons started appearing within three weeks or so of it’s application. All of these were in my front yard and now it is bare and has changed the look of my property immensly. My claim was lost several times and then when I screamed loud enough it got passed along to someone who acted very superior like she had some authority, and it sat on her desk form months, until I screamed again. It is virtually impossible to speak to a person of knowledge or authority. DuPont has created a layer of twenty year old’s trained to say “I certainly do apologize” and “I will escalate this to the next level” which never happenes. This incident has affected not only the looks of my property but also the value. It is not enough that DuPont was irresponsible and neglige nt at the onset of using this product but now they are trying to avoid responsibility in righting to wrong they have done. I am afraid to replant anything not knowing whether the chemical still resides in the ground. The whole situation is disgusting.

    1. Dupont does have a problem with telling the truth and doing the right thing….just review the recent verdict in favor of Monsanto vs Dupont and one can’t forget the 20 year, $2 billion, ongoing litigation with Dupont’s Benlate. I written letters and made numerous phone calls to no avail, and it’s been sixteen months since I’ve been dealing with their lip service. I suggest you check with you state’s statute of limitations on product liability, personal property injury and negligence and find a good lawyer and forget the class action.

      1. Here’s the info on the monsanto vs dupont suit: https://www.nytimes.com/2012/08/02/business/monsanto-wins-big-award-in-a-biotech-patent-case.html
        Jean: I was unaware of the Benlate litigation, but I’m sure clued in now. What a dirty mess. Anyone interested can look here: and https://en.wikipedia.org/wiki/Benomyl and well, just google dupont benlate and you’ll see that the lawsuits are many against this product. It’s remarkable that this company can stay in business, considering the billions in attorneys fees and settlements they incur.

        1. Dupont has a well-oiled, fine tuned, revenue generating legal department but I am still going to butt heads!

    2. I’ve realized that Dupont isn’t going to do the right thing, the death and destruction continues and without soil remediation, I’ll never be able to have trees or a garden again.

      Some of us at Lawnsite.com are using the same attorney. I want the problem taken care of for the future not a bandaid payment.

    3. Nancy,
      We live in MN and our story is exactly as Nancy described above. We have gotten nowhere since February of this year and, as Nancy describes, our claim has been lost multiple times. The customer service reps know my voice because I “check in” so often without any help that this thing will ever be resolved. We purchased our property in the winter of this year and did not even know about the lasting impacts of the Imprelis contamination. We have already lost over (9) 40′ (+) trees and have more that still need to come done. It is such a shame because the main reason we bought the property was the beautiful yard with mature trees that are now gone are almost dead. If anyone has had any success reaching a resolution with Imprelis please let me know. Thanks!

      1. Katie: That truly is a shame. DuPont has handled these complaints in a most irresponsible way and they should be taken to task over it. We’ll see how the class action lawsuits play out, but we can assume that homeowners still won’t see much in the way of financial compensation. Tree owners have been waiting much, much too long for resolution and if I were in your shoes I’d write my local representatives – everyone from city council to state house, congress and senate.

      2. Our neighbors down the road have received a $17,000 payment for damaged trees. Many of us are still waiting, but at least we know some settlements have been received.

        1. I received my claim for 12,000.00. Know just what you are going through. You need to call them every week and keep at them for answers.

  4. We have gone through the steps for compensation from Dupont starting five months ago. Step seven says that Dupont will send the compensation when agreed upon which we did three months ago. This is total BS. We have called every week for the last two months trying to find out when we will recieve our check so we can replace our trees. We keep getting the same run around from a typical big corporation. “You are in the compensation pool and we cannot let you know at this time when to expect payment” This is the same over and over again. Bou time to get a lawyer!

    1. Same story here over a year and another tree has died and they have no answer. Can I remover my mulch? “at your own risk Mr White” can i remover the dead tress yet ? ” I wouldn’t until they decide” Mean while my yard looks terrible as others and there Is no answer. I turned my claim in Aug 2011 I have seven trees affected two dead and Im at a loss for words. Lawsuite will drag out for years more

  5. Dupont has a history of causing problems like these unfortunately! And they have not learned from them!

  6. Thanks, Ed. DuPont is at times grossly negligent, and frequently rushes products to market without thorough testing. Always their game plan is to make damaged parties wait long enough so they’ll abandon their claims. Fortunately, the media is focused on the Imprelis debacle and keeping a spotlight on it. I don’t know if this will be the worst chemical disaster, but DuPont is responsible for the worst when they allowed 40 tons of poisonous gas to leak from a pesticide plant in Bhopal, India in 1984. 3800 were killed immediately. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1142333/ You can’t trust DuPont.

    1. Bhopal was Union Carbide, not Dupont. Dow bought out Union Carbide years ago.
      All these large corporations are the same. They have no ethics whatsoever. Pharmaceutical companies and chemical companies are the worst.
      I think we may not know for years what the true damage will be from Imprelis.

      1. Linda: Thanks for catching that. the Bhopal incident was indeed a Union Carbide plant. I apologize for the error

  7. Excellent article Mr. Heft! Saved and printed. You touched on a number of different aspects of the Imprelis disaster and it’s likely impact on not only property owners but also on DuPont shareholders. This has got to be one of THE worst man-made chemical disasters in U.S. history and so many are just starting to find out about it. Please continue to keep us all up to date with Imprelis issues. Your article is already getting noticed over at the large lawnsite.com website.

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