Syngenta Agrees to Settle Herbicide Lawsuit

Swiss chemical maker Syngenta’s agreement to pay $105 million to settle a nearly 8-year-old lawsuit over one of its popular agricultural herbicides could help reimburse nearly 2,000 community water systems that have had to filter the chemical from its drinking water, a plaintiffs’ attorneys said Friday, May 25.

The proposed deal, announced Friday by Syngenta, must be approved by a federal judge in southern Illinois, where community water systems from at least a half-dozen states have sought to have the company reimburse them for filtering weed-killing atrazine from their supplies.

As part of the deal, some 1,887 community water systems serving more than 52 million Americans may be eligible to make a claim, said Stephen Tillery, the St. Louis attorney behind the class-action lawsuit.

Syngenta said it agreed to settle the matter “to end the business uncertainty” and avoid further legal costs. Under the settlement, the company will continue to sell atrazine to U.S. corn growers and denies any liability linked to the chemical, which Syngenta said is used in more than 60 countries and has been marketed in the U.S. since 1959.

“This settlement is good for Syngenta and the farmers who depend on atrazine, as well as Syngenta’s retailers, distributors, partners, and others who have been inconvenienced by this ongoing and burdensome litigation for almost eight years,” Syngenta said.

Research has shown runoff after rainstorms can wash the chemical- used for decades to kill grasses and broadleaf weeds – into streams and rivers, where it can enter drinking water supplies. The lawsuit claimed atrazine in drinking water can cause low birth weights, birth defects and reproductive problems, though the company has argued no one ever has or ever could be exposed to enough atrazine in water to affect their health.

Comment: Syngenta can continue to argue that ‘no one ever has or ever could be exposed to enough atrazine in water to affect their health’ but the data is beginning to show otherwise. UC-Berkeley integrative biology professor Tyrone B. Hayes is getting the word out:

The Frog of War

Hayes is not like other scientists. To be sure, he publishes in all the right journals and presents his work at the key scientific meetings, but he has also spearheaded a public outcry against atrazine, testifying at government hearings, appearing in all forms of media, and even launching AtrazineLovers.com, an anti-atrazine website.

All of this has earned Hayes something approaching rock-star status. He has been the subject of a children’s book (The Frog Scientist), travels the world giving lectures, and by his estimate has appeared in a dozen documentaries. And while scores of researchers have described atrazine’s worrisome effects, it is Hayes’ knack for drama that has brought attention to the problem. Without him, atrazine might not be undergoing its third Environmental Protection Agency review in less than a decade, and Syngenta, the chemical’s Swiss manufacturer, might not be facing lawsuits in state and federal courts by plaintiffs from 40 Midwestern water districts who claim atrazine has contaminated their drinking water. “He’s a remarkable person,” says David Skelly, a Yale ecologist who has served on two of the advisory panels that help the EPA vet atrazine research.

Atrazine has long been a mainstay of American agriculture. Registered for use in 1959, it is now used on half the nation’s corn and 90 percent of our sugarcane, not to mention lawns, golf courses, and Christmas tree farms. All told, about 80 million pounds of it are applied each year, making it the most widely used herbicide after glyphosate, a.k.a. Roundup. While Syngenta, the largest producer, won’t disclose its profits from atrazine, the company earned $2.3 billion in 2010 from its line of selective herbicides (those that only kill specific plants), of which atrazine is the leading product. Sales keep rising as more weeds develop resistance to Roundup: Syngenta reported a 14 percent bump in the first half of 2011.

The amounts eligible water systems may recover will depend upon the levels and frequency of atrazine contamination they experienced, as well as the population served by each of them, Tillery said. Some 300 water systems with the highest contamination levels will be reimbursed all of their costs, he said.

“The scope of this historic settlement is enormous and its protection of the health of millions of Americans across the country is a huge benefit to the public, the environment and the taxpayers,” Tillery said.

Under the tentative deal, attorneys representing the water systems will share roughly $34.9 million in fees.

No immediate hearing date was set on the settlement motion filed Thursday involving the federal lawsuit that includes water providers in Illinois, Missouri, Kansas, Indiana, Iowa and Ohio.

Thursday’s court filing by Syngenta and the water systems suing it called the federal lawsuit and related state ones in Illinois “extremely hard-fought, burdensome and expensive,” involving more than 10 million pages of documents shared between both sides.

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