Following a $289 million verdict for a groundskeeper who developed cancer after long-term exposure to a cancer-causing pesticide, Robert A. Clifford, founder and senior partner at Clifford Law Offices and a columnist for the Chicago Lawyer, authored a piece titled “Hiding Behind Their Sheilds” in the December-January issue, writing that corporate immunity is an argument corporations use to try to avoid responsibility for those injured by exposure to the dangerous chemical. Farmers often suffer the most significant harm from these chemicals, and it is difficult for them to fight giant corporations.
“Corporate immunity in the context of pesticide litigation often arises out of two legal strategies: federal preemption and product registration under the Federal Insecticide, Fungicide, and Rodenticide Act. When the EPA registers a pesticide, it essentially approves its use based on data submitted by manufacturers, including studies of toxicity and environmental impact. Pesticide companies argue that EPA registration should absolve them of responsibility because the product has already been deemed safe for use under the organization’s federal guidelines,” Clifford wrote.
He went on to say that reforms are necessary to establish more rigorous, independent testing procedures for pesticide approval.
Click here to read Clifford’s article in full.