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?

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.

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.”

The legal claims against DuPont drag on

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).