DBCP
Encyclopedia
1,2-Dibromo-3-chloropropane, (dibromochloropropane) better known as DBCP, is the active ingredient in the nematicide
Nemagon, also known as Fumazone. It is a soil fumigant formerly used in American agriculture
. In mammals it causes male sterility at high levels of exposure. After discovery of its deleterious health effects on humans, the compound was banned from use in 1979 by the United States Environmental Protection Agency
(EPA). The continuing presence of the chemical as a contaminant in ground water remains a problem for many communities for years after end of use.
and groundwater
long after applications have ceased. For example in agricultural areas around Turlock
in the Central Valley
of California, DBCP was applied to crops in the 1970s. As late as 1989, DBCP persistence was reported in groundwater that was previously used for beneficial purposes, and numerous nearby wells
had to be shut down at that time.
by exposure to DBCP. These male reproductive effects were consistent with animal experiments showing that DBCP sterilizes rabbits. One contract worker at the production plant successfully sued the company. Most workers remained with the company and in a company sponsored medical program until the facility was sold in 1987. At that time, some of the workers did file suit against the company. However, the suit was denied due to "statute of limitations" issues.
Most domestic uses of the chemical were banned in 1977. Amid growing concerns over DBCP's effects on male workers, Dow ceased production and reclaimed DBCP that had been shipped to its users.
However, despite warnings from Dow about its health effects, the Dole Food Company
, which was using the chemical on its banana
plantation
s in Latin America
, threatened to sue Dow if it stopped DBCP shipments. Dow then shipped half a million gallons of DBCP to Dole, much of it reclaimed from other users. Plantation workers who became sterile or were stricken with other maladies subsequently sued Dow and Dole in Latin American courts, alleging that their ailments were caused by DBCP exposure. Although the courts agreed with the workers and awarded them over $600 million in damages, they were unable to collect payments from the companies. A group of workers then filed lawsuits in the United States, and on November 5, 2007, a Los Angeles jury awarded them 3.2 million dollars. On July 15, 2010, that judgment was thrown out after the Court presiding over the case found that the claims were part of "a massive fraud perpetrated on the court." On April 23, 2009, a Los Angeles judge also threw out two similar cases against Dole and Dow Chemical due to fraud and extortion by lawyers in Nicaragua recruiting fraudulent plaintiffs to make claims against the company. The ruling casts doubt on $2 billion in judgments in similar lawsuits.
Workers in the Ivory Coast using the Alien Tort Claims Act, and claiming sterility, crimes against humanity, and genocide
, sued (in Abagninin v. AMVAC Chemical Corp. [No. 07-56326]), these manufacturers of DBCP: Amvac Chemical, Dow Chemical, Shell Oil Company
, as well as Dole Food Company
, who used it on overseas crops, but never used it in the Ivory Coast. The United States Court of Appeals for the Ninth Circuit
ruled against the workers in September 2008, stating that the plaintiffs did not show that the defendants had "specific intent" to intend harm against the workers and the citizens of the country. To be found guilty of genocide the defendant must have knowingly set out to commit the offense.
Nematicide
A nematicide is a type of chemical pesticide used to kill parasitic nematodes.One common nematicide is obtained from neem cake, the residue obtained after cold-pressing the fruit and kernels of the neem tree. Known by several names in the world, the tree was first cultivated in India in ancient...
Nemagon, also known as Fumazone. It is a soil fumigant formerly used in American agriculture
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
. In mammals it causes male sterility at high levels of exposure. After discovery of its deleterious health effects on humans, the compound was banned from use in 1979 by the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA). The continuing presence of the chemical as a contaminant in ground water remains a problem for many communities for years after end of use.
Uses
- Until 1977, DBCP was used as a soil fumigant and nematocide on over 40 different crops in the United States. It fights pests that attack the roots of fruit trees and boosts the weight of harvests by 20 percent. From 1977 to 1979, EPA suspended registration for all DBCP-containing products except for use on pineapples in HawaiiHawaiiHawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. In 1985, EPA issued an intent to cancel all registrations for DBCP, including use on pineapplePineapplePineapple is the common name for a tropical plant and its edible fruit, which is actually a multiple fruit consisting of coalesced berries. It was given the name pineapple due to its resemblance to a pine cone. The pineapple is by far the most economically important plant in the Bromeliaceae...
s. Subsequently, the use of existing stocks of DBCP was prohibited. - DBCP is used as an intermediate in the synthesis of organic chemicals.
Sources and potential exposure
- Human exposure to DBCP could result from the ingestion of contaminated drinking water and food.
- Human exposure could also result from inhalation and / or skin contact with the product.
- In the past, release of DBCP to the environment occurred primarily from its fumigant and nematocide uses; because of the cancellation of all DBCP uses, environmental exposure is expected to decline with time.
Examples of persistence
DBCP residues have persisted in contaminated soilSoil contamination
Soil contamination or soil pollution is caused by the presence of xenobiotic chemicals or other alteration in the natural soil environment....
and groundwater
Groundwater
Groundwater is water located beneath the ground surface in soil pore spaces and in the fractures of rock formations. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. The depth at which soil pore spaces or fractures and voids in rock...
long after applications have ceased. For example in agricultural areas around Turlock
Turlock, California
Turlock is a city in Stanislaus County, California, United States, part of the Modesto Metropolitan Statistical Area. As of the 2010 Census, Turlock had a population of 80,549, up from 55,810 at the 2000 census, making it the second-largest city in Stanislaus County.-Geography:Turlock lies in the...
in the Central Valley
California Central Valley
California's Central Valley is a large, flat valley that dominates the central portion of California. It is home to California's most productive agricultural efforts. The valley stretches approximately from northwest to southeast inland and parallel to the Pacific Ocean coast. Its northern half is...
of California, DBCP was applied to crops in the 1970s. As late as 1989, DBCP persistence was reported in groundwater that was previously used for beneficial purposes, and numerous nearby wells
Water well
A water well is an excavation or structure created in the ground by digging, driving, boring or drilling to access groundwater in underground aquifers. The well water is drawn by an electric submersible pump, a trash pump, a vertical turbine pump, a handpump or a mechanical pump...
had to be shut down at that time.
Lawsuits
Workers at the Dow Chemical plant producing DBCP were made sterileInfertility
Infertility primarily refers to the biological inability of a person to contribute to conception. Infertility may also refer to the state of a woman who is unable to carry a pregnancy to full term...
by exposure to DBCP. These male reproductive effects were consistent with animal experiments showing that DBCP sterilizes rabbits. One contract worker at the production plant successfully sued the company. Most workers remained with the company and in a company sponsored medical program until the facility was sold in 1987. At that time, some of the workers did file suit against the company. However, the suit was denied due to "statute of limitations" issues.
Most domestic uses of the chemical were banned in 1977. Amid growing concerns over DBCP's effects on male workers, Dow ceased production and reclaimed DBCP that had been shipped to its users.
However, despite warnings from Dow about its health effects, the Dole Food Company
Dole Food Company
Dole Food Company, Inc. is an American-based agricultural multinational corporation headquartered in Westlake Village, California. The company is the largest producer of fruits and vegetables in the world, operating with 74,300 full-time and seasonal employees who are responsible for over 300...
, which was using the chemical on its banana
Banana
Banana is the common name for herbaceous plants of the genus Musa and for the fruit they produce. Bananas come in a variety of sizes and colors when ripe, including yellow, purple, and red....
plantation
Plantation
A plantation is a long artificially established forest, farm or estate, where crops are grown for sale, often in distant markets rather than for local on-site consumption...
s in Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
, threatened to sue Dow if it stopped DBCP shipments. Dow then shipped half a million gallons of DBCP to Dole, much of it reclaimed from other users. Plantation workers who became sterile or were stricken with other maladies subsequently sued Dow and Dole in Latin American courts, alleging that their ailments were caused by DBCP exposure. Although the courts agreed with the workers and awarded them over $600 million in damages, they were unable to collect payments from the companies. A group of workers then filed lawsuits in the United States, and on November 5, 2007, a Los Angeles jury awarded them 3.2 million dollars. On July 15, 2010, that judgment was thrown out after the Court presiding over the case found that the claims were part of "a massive fraud perpetrated on the court." On April 23, 2009, a Los Angeles judge also threw out two similar cases against Dole and Dow Chemical due to fraud and extortion by lawyers in Nicaragua recruiting fraudulent plaintiffs to make claims against the company. The ruling casts doubt on $2 billion in judgments in similar lawsuits.
Workers in the Ivory Coast using the Alien Tort Claims Act, and claiming sterility, crimes against humanity, and genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, sued (in Abagninin v. AMVAC Chemical Corp. [No. 07-56326]), these manufacturers of DBCP: Amvac Chemical, Dow Chemical, Shell Oil Company
Shell Oil Company
Shell Oil Company is the United States-based subsidiary of Royal Dutch Shell, a multinational oil company of Anglo Dutch origins, which is amongst the largest oil companies in the world. Approximately 22,000 Shell employees are based in the U.S. The head office in the U.S. is in Houston, Texas...
, as well as Dole Food Company
Dole Food Company
Dole Food Company, Inc. is an American-based agricultural multinational corporation headquartered in Westlake Village, California. The company is the largest producer of fruits and vegetables in the world, operating with 74,300 full-time and seasonal employees who are responsible for over 300...
, who used it on overseas crops, but never used it in the Ivory Coast. The United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
ruled against the workers in September 2008, stating that the plaintiffs did not show that the defendants had "specific intent" to intend harm against the workers and the citizens of the country. To be found guilty of genocide the defendant must have knowingly set out to commit the offense.