Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

For Immediate Release

Contact

Meredith Stevenson, 574-309-5620, mstevenson@centerforfoodsafety.org

Press Release

Monsanto and BASF Responsible for Unprecedented Peach Orchard Damage from Volatile Dicamba Pesticide, Appeals Court Rules

SAN FRANCISCO -

Today, in a victory for Missouri peach farmer Bill Bader and environmentalists, the U.S. Court of Appeals for the Eight Circuit issued a decision holding Monsanto-Bayer and BASF responsible for unprecedented damage to Mr. Bader's orchard caused by the companies' dicamba herbicide-based crop system.

In 2021, Center for Food Safety (CFS) filed a legal brief in support of Mr. Bader, who successfully sued seed and agrichemical giants Monsanto-Bayer and BASF for devastation of his 1,000-acre peach orchard caused by dicamba drift. The brief defended the February 2020 district court verdict in favor of Bader—in which a jury awarded him $265 million, subsequently reduced to $75 million—against the two firms' appeal of the decision to the Eight Circuit Court of Appeals.

Because of these harms to thousands of farmers as well as endangered species, CFS successfully challenged the 2018 federal approval of dicamba, which was struck down by a Court in 2020. Subsequently the outgoing Trump administration re-approved it, a decision that is again the subject of CFS litigation currently proceeding. A 2021 report from EPA detailed widespread harm to farmers and the environment from the past 2021 growing season once again.

The following is a statement from CFS staff attorney Meredith Stevenson, amicus counsel in the Bader case:

"The appeals court correctly held Monsanto and BASF responsible for unprecedented damage to Bader's peach orchard from dicamba drift. But this is just the beginning. The destruction to Bader's orchards provides just a single example of the widespread harm inflicted on thousands of farmers and the environment from Monsanto's negligence and EPA's refusal to cancel its dicamba approval. We will continue to fight to prevent continued harm to millions of acres of cropland, hundreds of endangered species, parks, wildlife refuges, and other natural areas from dicamba."

 

###

Center for Food Safety's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture. Through groundbreaking legal, scientific, and grassroots action, we protect and promote your right to safe food and the environment. CFS's successful legal cases collectively represent a landmark body of case law on food and agricultural issues.

US Gas Flaring Releases Five Times More Methane Than Previously Thought

"This study adds to the growing body of research that tells us that the oil and gas industry has a flaring problem," said Jon Goldstein of EDF, which conducted related research on the practice.

Jessica Corbett ·


Activists Call Fed Pilot Program to Assess Banks' Climate Risk a 'Welcome First Step'

"To truly safeguard financial stability," said one campaigner, "the Fed must further introduce policies that reflect the high risk of fossil fuel investments."

Brett Wilkins ·


'Gut Punch': Biden Pulls Student Debt Relief for Millions as GOP States Sue

"The Biden administration told several million people they'd see their debt reduced by $10-20K, and a month later quietly wrote 'just kidding' on a website," said one affected borrower.

Brett Wilkins ·


Controlled by Right-Wing Justices, US Supreme Court's Approval Hits All-Time Low

"This is what happens when SCOTUS nominees lie about settled law at their nomination hearings," said one observer.

Kenny Stancil ·


Acidification of Arctic Happening Up to 4 Times Faster Than Other Oceans

The research followed reports that the Arctic is warming nearly four times faster than the Earth as a whole.

Julia Conley ·

Common Dreams Logo