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Updated: Tuesday, 20 Sep 2011, 10:06 AM EDT
Published : Monday, 19 Sep 2011, 11:46 PM EDT
WEST LAFAYETTE, Ind. (WLFI) - The sale of a herbicide responsible for damaging trees is now banned in Indiana by the State Chemist, but the order doesn't stop a lawsuit against the manufacture.
The damage Imprelis does is easy to spot at Coyote Crossing golf course in West Lafayette. A single application of the herbicide was suppose to kill weeds, but it also damaged some evergreen trees on the course.
"We are till trying to figure out how many trees we're going to lose and how many will come back from the damage,” said Coyote Crossing and Battle Ground Golf Course General Manager Shane Weist.
Coyote Crossing and Battle Ground Golf Course have almost 100 trees damaged by Imprelis. Around half might recover. The other half are slated to be replaced. The general manager for both courses estimates it will be about $35,000 just to remove the trees and it will be much more costly for new ones.
"It's definitely going to be thousands per tree as far as transportation and replanting of the trees,” said Weist.
The two golf courses are filing claims with Dupont, but the Logansport law firm of Starr, Austen and Miller is filing a law suit against Dupont. Attorney Andrew Miller said banning the sale of Imprelis is already a minor victory for the firm.
"It's a vindication of the claims we've made. The investigation conducted with the Indiana State Chemist office has dove tailed with our own and proven all we've discovered on our own,” he explained.
The ban on Imprelis won't affect the law suit. Miller said he is still seeking compensation for his clients who have chosen not to participate in Dupont's claim process. The total amount of damages is still undetermined since Imprelis did damage in Indiana and 47 other states.
"Thousands upon thousands of trees just in our own state have been killed because of Imprelis and that number climbs nationwide,” said Miller.
But for Coyote Crossing, it's wait and see if some trees with minor damage recover or if its bill will continue to grow if more trees die.
The herbicide was only for professional use and not available in stores.
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