DuPont pays city $278K for damage to trees

Date:10-19-2012

Chemical maker DuPont awarded a $278,000 settlement to Eau Claire for damage to city trees attributed to use of one of the company's herbicides.

The Delaware-based company is processing tree damage claims attributed to Imprelis, a weed killer sold to professionals from fall 2010 until it was recalled in August 2011.

"During this fairly short market period, Imprelis was utilized in Eau Claire in two locations, Forest Hill and Lakeview cemeteries," city attorney Stephen Nick wrote in an email to the Leader-Telegram.

DuPont already paid the city $73,000 to replace 13 trees in Lakeview Cemetery. Another $205,000 claim is on its way to pay for 45 trees lost in Forest Hill Cemetery.

"While the city is disappointed with the loss of 58 trees in the two cemeteries, the total settlement of more than $278,000 was fair compensation," Nick wrote.

City forester Todd Chwala said additional trees were impacted by the herbicide, but they are expected to recover through care that also is included in the settlement. Trees that are salvageable will require ongoing care, pruning of dead limbs and deep-root fertilization.

The city used Imprelis in early May 2011 to control dandelions and other weeds. Less than two months later, evergreen trees began showing damage -- tips of new growth were discolored and twisted -- often related to herbicides, Chwala said.

The city worked with tree care specialists hired by DuPont in July 2011 to identify trees harmed by Imprelis. In February and March trees that could not be saved were removed.

"The tree that had the highest sensitively to the herbicide was the Black Hills spruce, and to some degree the white pine as well," he said.

DuPont's website on the Imprelis recall and claims process states that Norway spruce and white pine were susceptible to damage, but the company got reports of other species also impacted by the herbicide.

Chwala noticed in spring 2012 that similar damage appeared on some honey locusts, a deciduous tree.

Resolving claims

Beyond the August 2011 recall of the product, DuPont also has hired tree care specialists for each property owner claiming damage.

Of more than 33,000 claims submitted since September 2011, the company already has sent agreements for compensation and tree care services to 80 percent of them.

"We have sent many homeowners payment for their claim resolution agreements," said Kate Childress, a DuPont spokeswoman.

Imprelis was used by landscaping professionals on public lands, parks, residential lawns and golf courses. It was not marketed for use on food-producing land.

Reported damage claims are concentrated in Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin, the website noted.

Eau Claire homeowners also contacted the city and reported similar symptoms of herbicide damage in their trees, Chwala said, although he could not definitively say it was due to Imprelis.

The U.S. Environmental Protection Agency approved Imprelis in August 2010. In its application to the EPA, DuPont stated that it performed 400 field trials during development of the chemical and had not found adverse side effects to trees.

After receiving complaints of tree damage in summer 2011, DuPont voluntarily halted Imprelis sales on Aug. 4, 2011. A week later the EPA issued an order that the product no longer be sold.

Both Nick and Chwala credited the company with a quick claims process and for working to compensate the city for the lost trees.

The loss of the 58 cemetery trees also pales in comparison to damage done during a spring storm. That May 24 windstorm felled an estimated 2,000 city-owned trees, with significant impacts to Carson, Riverview and Rod & Gun parks, and Lakeview Cemetery.