Amtrak had RWC spray herbicide along Amtrak rail lines in Philadelphia to keep down the vegetation, the complaint for this class action says, but they also managed to kill gardens and other vegetation belonging to people who live along the tracks.
The class for this action is all owners and lessees of residential properties within 100 meters of an Amtrak rail line in Philadelphia County.
Plaintiffs Jenny Chen and Brian Jordan kept an extensive garden in back of their home in Philadelphia. They grew vegetables (for example, tomatoes, eggplant, sweet peppers, and kale), herbs (including rosemary, sage, and basil), and flowers (tulips, calendula, hyacinths, and more). The couple used organic methods and ate the produce. The complaint shows a photo of the colorful flowers and green plants that they cultivated.
On or about August 16, 2017, however, the complaint claims that Amtrak had RWC spray the area of its tracks with AquaNeat, an herbicide and plant desiccant whose main ingredient is glyphosate.
The complaint claims that glyphosate is also the main ingredient in the familiar herbicide Roundup. In 2015, the International Agency for Research on Cancer, part of the World Health Organization, declared it to be a probably carcinogen.
Chen and Jordan didn’t notice anything for several days, the complaint says. During that time, they continued to eat from their garden. But within roughly a week, the garden was dead. The complaint shows photos of brown, bare plant stems drooping over the edges of the beds.
The Pennsylvania Department of Agriculture sent a person to inspect the property. The inspector took plant material and topsoil samples. After further investigation, the investigator said he had spoken to Amtrak and RWC and found that they had sprayed as many as four herbicides, including AquaNeat, along the tracks behind the garden.
In November, the department released a report on the samples from the garden and confirmed the presence of glyphosate. The report is attached to the complaint as Exhibit A.
The complaint quotes various warnings on AquaNeat’s label, including, “Avoiding spray drift at the application site is the responsibility of the applicator.” Another warning, printed in all capital letters, says, “EXTREME CARE MUST BE EXERCISED TO AVOID CONTACT OR SPRAY WITH FOLIAGE, GREEN STEMS, EXPOSED NON-WOODY ROOTS OR FRUITS OF CROPS, DESIRABLE TURFGRASSES, TREES, SHRUBS OR OTHER DESIRABLE VEGETATION SINCE SEVERE DAMAGE OR DESTRUCTION MAY RESULT.”
The complaint claims nuisance, trespass, and negligence.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Amtrak Herbicidal Weed Killing Also Kills Garden Class Action
August 23, 2018
Amtrak had RWC, Inc. spray herbicide along Amtrak rail lines in Philadelphia to keep down the vegetation, the complaint for this class action says, but they also managed to kill gardens and other vegetation belonging to people who live along the tracks.
amtrak_pesticide_use_complaint.pdfCase Event History
Amtrak Herbicidal Weed Killing Also Kills Garden Class Action
August 23, 2018
Amtrak had RWC, Inc. spray herbicide along Amtrak rail lines in Philadelphia to keep down the vegetation, the complaint for this class action says, but they also managed to kill gardens and other vegetation belonging to people who live along the tracks.
amtrak_pesticide_use_complaint.pdf