August 3, 2001. SUBLEGALS, VOL. 4, NO. 5
 

Louisiana Crawfish Fishermen Win Class Action Certification in Lawsuit Against Pesticide Manufacturer

WorldCatch News Network reported 1 August that St. Landry Parish District Court Judge James Genovese has granted certification for a class action lawsuit by hundreds of Louisiana crawfish farmers against Aventis, the manufacturer of the pesticide ICON. In their filing, the plaintiff fishermen claim crawfish harvests have been damaged by ICON contamination. Judge Genovese's 30 July ruling allows anyone claiming financial losses and damages as a result of their crawfish crop's exposure to ICON beginning in January 1999 to join the lawsuit if he/she: purchased ICON-treated seed for rice operations in Louisiana; or farmed crawfish in Louisiana; or participated in a sharecropping arrangement for the farming of crawfish in Louisiana. ICON, the product name for the chemical fipronil, is blamed for devastating Louisiana's 2000 and 2001 crawfish crops since its introduction as a pesticide in 1999. In 2000, Louisiana's crawfish production dropped a dramatic 40 percent. Although its purpose is to kill the water weevils attacking rice plants, ICON, according to the trial testimony of farmers and experts, also kills crawfish. During four days of trial, 36 witnesses appeared, mainly crawfish farmers and experts. More than a dozen farmers testified that once their crawfish crop was contaminated by ICON the crawfish crop died. They become contaminated either because the crawfish were harvested in ICON-treated rice fields or because tailwater containing ICON or its metabolites flooded the crawfish crop. Any crawfish farmer seeking more information or wishing to join the class action lawsuit should contact attorneys Hunter Lundy at (800) 259-1005 or Pat Morrow at (800) 356-6776. To see the WorldCatch report, go to: www.worldcatch.com.

Suit Charges Pesticide Damaged Crawfish Farms

ENS- September 13, 2002

OPELOUSAS, Louisiana,  - A federal appeals court has ruled that crawfish farmers can proceed with a class action suit seeking damages for the loss of their crawfish which they claim were killed by ICON, a pesticide made by Aventis. After a four day trial before St. Landry Parish District Court Judge James Genovese last year, the court found that the crawfish farmers could proceed as a class against Aventis, the manufacturer of the pesticide ICON, and seed distributors who coated ICON on rice seed. The defendants appealed Judge Genovese's ruling, but the Third Circuit Court of Appeal affirmed the class certification this week.

Opelousas attorney Pat Morrow, one of the lawyers representing the farmers, said the decision is a victory for hundreds of Louisiana's crawfish farmers whose crops were damaged by ICON. "Allowing the crawfish farmers to proceed as a class action against those parties responsible for the damages will level the playing field," Morrow said. "A rural crawfish farmer now has the ability to litigate against Aventis, a well financed multinational corporation. The class action procedure will allow all the farmers to join together to present evidence of legal and factual issues that are common to all crawfish farmers." "It is also reassuring that the Court of Appeal found no errors committed during the lengthy trial by Judge Genovese, and further, that Judge Genovese was particularly suitable for managing this class action lawsuit," Morrow added.

The original lawsuit was filed in St. Landry Parish, Louisiana, in 2000. The crawfish farmers allege that the pesticide ICON (Fipronil) devastated Louisiana's 2000 and 2001 crawfish crop after its introduction on the rice seed in 1999. In 2000, Louisiana's crawfish production dropped from 41 million pounds to 16 million pounds. Although ICON's purpose is to kill the water weevil, an enemy of the rice crop, farmers and experts testified at trial that it also kills crawfish. The crawfish farmers testified that once their fields were contaminated by ICON, there was a widespread crawfish kill.

Although Aventis and the seed distributor defendants contend that ICON is safe, studies conducted by aquaculture experts and the Lousiana State University AgCenter suggest otherwise. Once ICON coated rice seeds are planted in the fields, ICON contaminates the water and sediment in which the crawfish feed. Scientists say ICON and its degradates will remain in the sediment and may continue to cause damage crawfish production for years to come.

"Although Defendants will exhaust all appellate remedies available to stop us proceeding as a class, we are preparing to go forward at the first available trial date," said Hunter Lundy of Lundy Davis, co-counsel representing crawfish farmers. "We are aware that the crawfish farmers suffered financial losses as a result of ICON and they deserve their day in court."
ENS 13/9/02

AgJournal.com

October 10, 2002

Crawfish farmers upset with Aventis

August 1, 2001 -- St. Landry Parish District Court Judge James Genovese gave hundreds of Louisiana crawfish farmers a major victory in their case against Aventis, the manufacturer of the rice seed treatment Icon. In a July 30, 2001, ruling, the court granted certification for a class of crawfish farmers, finding they met all legal requirements for class certification in the lawsuit filed in Opelousas last year. According to Pat Morrow, an Opelousas attorney representing the farmers, "Crawfish farmers who feel their crawfish harvests have been damaged by Icon contamination can now come forward and join this class action suit."

However, the court denied class status for local seed distributor defendants. The class certification hearing began in April and concluded in June.

Judge Genovese's ruling allows anyone claiming financial losses and damages as a result of their crawfish crop's exposure to Icon beginning in January 1999 to join the lawsuit if he or she:

• Purchased Icon-treated seed for rice operations in Louisiana, or
• Farmed crawfish in Louisiana, or
• Participated in a sharecropping arrangement for the farming of crawfish in Louisiana.

During the four days of trial, 36 witnesses testified, mainly crawfish farmers and experts. More than a dozen farmers told the same tale - once their crawfish crop was contaminated by Icon, the crawfish died. They became contaminated either because the crawfish were harvested in Icon-treated rice fields or because tailwater containing Icon or its metabolites flooded the crawfish crop.

Icon, the product name for the chemical fipronil, was commercially introduced in 1999. In 2000, Louisiana's crawfish production dropped 40 percent. Although its purpose is to kill the water weevils attacking rice plants, Icon, according to the trial testimony of farmers and experts, also kills crawfish.

Lousiana State University (LSU) scientists last year announced a possible link between Icon and crawfish mortality. In a survey of more than 90 commercial ponds, LSU scientists were told that in ponds where Icon-treated rice had been seeded the year before, crawfish production was generally well below average, says Dr. Greg Lutz, an aquaculture specialist with the Louisiana Agricultural Center. The survey was conducted in the 12 parishes that have the greatest share of both rice fields and crawfish ponds.

Dr. Ray McClain, professor at the LSU Ag Center's Rice Research Station in Crowley, tested a worst-case scenario for crawfish exposed to water that contained Icon-treated rice seed and found that most did not survive.

"This was a study under extreme conditions that are unlikely to occur in a natural setting," Dr. McClain says. "But we felt if the crawfish could survive these simulated conditions, then this would put to rest part of the controversy over Icon. But it didn't."

McClain in 1999 conducted similar experiments in which water containing Icon-treated seed did not significantly affect crawfish. "We simulated normal crawfish-growing conditions with the predominantly recommended rate of Icon," McClain said of his 1999 research. These results were corroborated by 1999 Aventis research. But in 2000, McClain increased the temperature of the water, used the maximum allowable rates of Icon and held the crawfish in the water longer.

In April and May of 1999, several crawfish farmers complained of finding too many dead crawfish, and some blamed the new seed-applied pesticide.

"It's not unusual for some crawfish to die from natural causes such as low dissolved oxygen and high water temperature. That happens every season. Some ponds I checked [in April 1999] had adequate oxygen but experienced significant crawfish mortality. Something else was causing the problem," says Mark Shirley, LSU fisheries agent in Vermilion Parish.

During this time, however, Louisiana's crawfish production area was suffering the effects of the worst drought in 100 years and some of the warmest temperatures on record for spring. Lack of rain combined with hot weather depletes the oxygen supply in water, which can stress or contribute to crawfish mortality. Drought and unseasonably warm temperatures have continued through 2000, and crawfish farmers had one of their worst seasons ever.

In March 2000 Aventis, along with the Louisiana Department of Agriculture and Forestry, issued new guidelines for use of Icon. The guidelines require a 100-foot buffer zone between fields seeded by air with Icon and lakes, reservoirs, rivers, ponds, estuaries and commercial fish farm ponds. They also require that farmers wait 24 hours after seeding before draining a field planted with Icon-treated seed.

For the most part, rice farmers have had rave reviews of Icon, says Dr. Johnny Saichuk, AgCenter rice specialist. "It is very effective in controlling the No. 1 insect pest of rice production and that is the rice water weevil," Dr. Saichuk says.

Farmers have alternative ways to control the rice water weevil. However, the other insecticides require more intensive management because of the timing of the applications, says Dr. David Boethel, assistant director of the Louisiana Agricultural Experiment Station. There are restrictions on producing crawfish following the use of the other insecticides, also.

With more than 110,000 acres of crawfish ponds, LouisianaÕs 1,600 farmers produce 35 million to 50 million pounds annually worth $25 million to $35 million at the producer level. Another 800 commercial fishers harvest crawfish from natural wetlands, primarily the Atchafalaya River Basin, the largest overflow swamp in the United States. Many Louisiana rice producers double-crop crawfish in rice fields after the rice harvest. More than half the crawfish in Louisiana are now cultured in rice fields.

Crawfish production has been expanding into the northern part of the state. "We're seeing a lot more interest in crawfish in nontraditional places like North Louisiana and even places like the Florida parishes," Lutz says. "There are several inquiries coming in from those areas for information on how to produce crawfish."

Lutz believes high crawfish prices, along with an increasing demand in North Louisiana, are driving some of this nontraditional interest. "All across the northern part of the state, we see that interest in eating crawfish seems to be increasing," he says. "People see prices of $4 and $5 a pound for crawfish, and there's a mentality that flooding a piece of land to grow crawfish will make someone rich. Of course, there's a lot more to it than that."

Prices eventually will go down as more and more crawfish are produced, the experts caution. But Lutz says even in a more competitive market, crawfish farming still will be a good idea for many producers.

"Even at more reasonable prices, it makes sense as a form of agricultural diversification," he says. "You see a lot of interest in North Louisiana, partly because the profitability looks a little better, but also because some of the more traditional land uses are just not paying out like they used to."

Shreveport firefighter Smokey James discovered crawfish farming almost by accident. "I had purchased some property intended for duck hunting, and a friend of a fellow firefighter asked if I had ever considered raising crawfish on it," James explains. "I said, 'Crawfish, are you nuts?' Then I had a Wildlife and Fisheries biologist come out to my property, and he said that my rudimentary population was tremendous."

It was so tremendous, in fact, that James has never had to stock his land with crawfish. "They're there naturally, and I enhance the area to make them better," he says.

"The market is steadily moving north, and now Shreveport cannot seem to get enough crawfish," James says. "In five or 10 years, I believe the Texas market is going to be the same way."

Any crawfish farmer seeking more information or wishing to join the class action lawsuit should contact Hunter Lundy at 800-259-1005 or Pat Morrow at 800-356-6776.