FISHERS - The owner of several golf courses in central Indiana joined a class action lawsuit targeting a weed killer that has allegedly also killed trees from the Midwest to the east coast.
That lawsuit was one of two filed across the nation Monday against DuPont the maker of Imprelis. The suit alleges that the chemical has killed thousands of trees owned by golf courses, home and other property owners and should be taken off the market immediately.
Among the lush landscape in subdivisions and golf courses across the state, there is an obvious problem: dead and dying pine trees and evergreens. Lee Clouse, an operations manager for three Fishers subdivisions, noticed problems appearing shortly after landscapers applied a new herbicide in early May.
"They started to decay a little and then speeded up tremendously. Talked to our landscape provider and they said there's a problem with the chemical that we used called Imprelis," said Clouse.
On Monday, attorneys for a Pennsylvania homeowner and an Indiana golf course company filed a nationwide class action lawsuit against DuPont, the maker of Imprelis, charging that the company failed to disclose the risks that Imprelis poses to trees even when applied as directed.
"DuPont did not properly test this chemical to make sure that the side effects were properly made aware to people and didn't give notice to applicators to properly inform them how to apply this chemical," said Mario Massillamany, plaintiff's attorney.
Attorneys filing the suit said a curling and twisting branch is a common characteristic found in trees damaged by Imprelis.
The first reports of tree damage came from the east coast, then the Midwest and now the south. Golf courses, homeowners and office complexes reporting an identical problem.
In a letter to lawn companies that use the product, DuPont warned not apply Imprelis where Norway spruces or white pines are present. State chemists have taken samples for analysis.
"We have not seen this type of situation arise from one type of product in a number of years," said David Scott, office of state chemist.
Clouse estimates his subdivisions have lost over 50 trees to the chemical while one golf course lost over 100.
