South Dakota Dicamba attorneys are helping farmers who have lost significant assets due to the fact that they cannot grow crops that have been genetically modified to resist the plant herbicide, Dicamba. If your crops have suffered Dicamba damage, you can file a lawsuit that may help you get compensation for your losses.

Last year, the weed killer Dicamba caused devastating damage to crops across the United States. The farm community in South Dakota was just one of those in as many as 25 states affected by the chemical agent, according to a New York Times report.

Dicamba is not a new weed killer. But it was not until 2016 that it was approved for “over the top” use with soybeans. Dicamba has historically had a problem with volatilization after application. Volatilization means that the chemical could become airborne and move onto nontarget fields, causing loss of soybean and other crops that were not bred to resist the herbicide. With increasing use related to the roll-out of Dicamba-resistant soybeans, the frequency of Dicamba damage in nontarget crops and fields has increased.

Why is Dicamba Dangerous?

Dicamba kills not only weeds, but a wide range of other plants. Only those farmers growing crops from genetically modified seeds designed specifically to withstand weed killers can use Dicamba without damage to their crops. Therefore, if you are growing crops from seeds that are not genetically modified to withstand Dicamba, your harvest is at risk. Because of the nature of Dicamba, soybeans are particularly sensitive to damage from Dicamba.

Even if you do not use Dicamba on your own crops, your land could still be exposed to the dangerous chemical. The wind carries the herbicide across property lines, which means nearby organic farmers using legacy seeds, or farmers growing anything other than the genetically modified crops will bear the brunt of Dicamba damage.

Has the Government Taken Action?

In response to numerous complaints about Dicamba damage, the Environmental Protection Agency added new restrictions on the use of the weed killer. Arkansas banned the use of Dicamba for 120 days last summer because of backlash from farmers. Successful Farming reported that there were more than 2,700 complaints nationwide from farmers who had damaged crops in 2017. In South Dakota, Dicamba products for soybeans were listed as ‘restricted use’ pesticides for the 2018 season, meaning that their use and application is subject to more stringent regulation.

Do You Have Legal Options?

As a farmer, you comply with federal and state regulations to preserve the integrity of your crop, but you cannot control things like temperature inversions and the wind. Meanwhile, large companies that produce both genetically modified seeds and a highly problematic weed killer bear responsibility for the end-result of their products.
By learning more about your legal options, you may be able to recover from a recent financial loss of crops. You can also begin to take steps to preserve the integrity of farming operations, including organic and pesticide-free certification. By partnering with other farmers you can protect your way of life.

Learn More About Legal Representation

To join the movement or learn more about the possibility of a Dicamba damage lawsuit, contact Turbak Law by calling (866) 231-0914 to talk with an attorney right here in South Dakota who has experience with Dicamba cases.