Subpoenas Being Issued to Aerial Applicators and Other Entities Regarding Paraquat Use

The multi district court litigation being filed by plaintiffs (Paraquat Products Liability Litigation) in various states against Syngenta Crop Protection over the pesticide paraquat has resulted in plaintiffs broadly issuing subpoenas throughout the country to possible users of the restricted use herbicide. Generally speaking, the subpoenas ask for the submission of paraquat use, purchases and certification of the restricted use herbicide. NAAA was presented with a subpoena and responded to the environmental law firm issuing it on behalf of the plaintiffs that the association does not apply pesticides, hence has no data to submit.

The case is currently in the United States District Court for the Southern District of Illinois. The Court told the plaintiffs that proof of harm must be shown and it set a date for information requests to be issued by March 11, 2024. Many of the subpoenas issued by mail have postage dated on or around this date. The NAAA subpoena was issued by the Law Offices of Environmental Litigation Group, P.C. located in Birmingham, Alabama. 

Recipients of the subpoena should respond to the subpoena. The subpoenas differ somewhat from one another and the determination of what to provide or not provide is an individualized determination. Neither NAAA nor Syngenta can provide legal advice in how to respond to the subpoenas. If you have no records pertinent to the subpoena after conducting a reasonable inquiry, communicate accordingly to the plaintiff’s attorney. If the request for information is unreasonable, communicate with the plaintiff’s attorney listed on the subpoena that the request is unreasonable. In other words, make a good faith effort to see if a reasonable information can be provided.