One lawyer wants a class action suit against the manufacturer of Atrazine, an herbicide used on crops (Photo by Rebecca Williams)
Atrazine is a weed killer. It’s
used by farmers in several crops,
basically because the herbicide is
relatively cheap and effective.
When Atrazine is used in the spring,
it sometimes ends up getting in
water – and in some cases at levels
above the government’s drinking water
standard – the maximum contaminant
level of three parts-per-billion.
Steve Tillery is an attorney in a
lawsuit against the manufacturer of
Atrazine – Syngenta – and Synenta’s
partner, Growmark. Tillery represents
water suppliers and he’s seeking class-
action status to represent all water
suppliers who’ve had to deal with Atrazine
contamination. Lester Graham talked to
him about the lawsuit:
Transcript
Atrazine is a weed killer. It’s
used by farmers in several crops,
basically because the herbicide is
relatively cheap and effective.
When Atrazine is used in the spring,
it sometimes ends up getting in
water – and in some cases at levels
above the government’s drinking water
standard – the maximum contaminant
level of three parts-per-billion.
Steve Tillery is an attorney in a
lawsuit against the manufacturer of
Atrazine – Syngenta – and Synenta’s
partner, Growmark. Tillery represents
water suppliers and he’s seeking class-
action status to represent all water
suppliers who’ve had to deal with Atrazine
contamination. Lester Graham talked to
him about the lawsuit:
Lester Graham: Mr. Tillery, what’s this lawsuit about, if the level is less than the 3-parts-per-billion the government says is safe?
Steve Tillery: Well, actually, at different times of the year, Atrazine does in fact exceed the federal standard. The federal government refers to MCL – maximum contaminant level – and that’s the maximum, they say, a chemical should exist in the water supply to be consumed by people in the community. The maximum contaminant level for Atrazine is 3-parts-per-billion. Many times, throughout the Spring, throughout Illinois and other Mid-Western cities, the levels grossly exceed 3-parts-per-billion. So what happens is that the cities, the water districts, are required to pay large amounts of money to filter the water so it is below that level. In addition, some have gone to the expense of completely cleaning it out of their water supplies. So that it doesn’t exist at all. And they should, in our view, be entitled to reimbursement for the expenses that they have incurred for completely cleaning it out of their water supplies.
Graham: Scientists that worked, then, for the National Oceanic and Atmospheric Association told me that during the application season, during the Spring, that they measured levels of Atrazine exceeding the safe drinking water levels in the rain on the East Coast from all of the application in the Midwest. Rather than just cleaning it up, is this not a problem of too much Atrazine – maybe we limit the amount?
Tillery: Well, the issue is whether or not it should be banned completely. The European Union has done exactly that. For all of the reasons that people look at – scientists look at – this chemical and point to the adverse health affects, changes to the environment, all of those reasons, the Europeans banned it some years ago.
Graham: The defense in most cases like this is: this is a regulated product, the label is the law, if it isn’t applied correctly, it’s the applicator – the farmer’s – fault; and if it is applied according to the label, the government says it’s safe.
Tillery: Yeah, we’re not safe. For two reasons. First of all, it’s not a problem with farmers. Farmers are doing exactly what is on the label. They are applying it precisely the way the manufacturer says it should be applied. So they’re not the issue. The problem is the manufacturer. To the extent that we rely on federal regulators to do the right thing, we are misdirected in this instance. For many years, the relationship between Syngenta – the principle manufacturer of this chemical – and the EPA has been under close scrutiny. And I’m hopeful that it’s reevaluated and examined under this new administration. Big corporations, in this case from Switzerland, who come here and sell this and make enormous profits in this country selling this chemical – 77 million pounds a year, average. When they make that money, and they cause taxpayers to incur $400 million a year in expense throughout the US to clean up their mess, they should be the ones that come back and reimburse them. We aren’t asking for anything else besides that. We are asking for compensation to these cities who’ve incurred this expense. The people who create the mess should pay for its cleanup. People should not be drinking water with Atrazine in it, at any level.
Graham: Steve Tillery is an attorney seeking class-action status trying to make the manufacturers of Atrazine pay to clean up the water their product contaminates. Thanks for your time.
Tillery: Thank you for allowing me to come here and speak.
Graham: I’m Lester Graham.