New Pesticide Bill Creates Federal Right to Sue Companies, But You Can't Recover Legal Fees

The newly proposed Pesticide Injury Accountability Act of 2025 is trying to give everyday people a direct shot at pesticide manufacturers in federal court. Essentially, the bill carves out a new federal right of action, meaning if a registered pesticide injures you personally or damages your property—think medical bills from exposure or ruined crops—you can sue the company that registered that product.

Opening the Federal Courthouse Door

This new section of law is all about accountability. If you win your case, the court can award you compensatory damages (money to cover your actual losses) and also punitive damages, which are extra payments designed to punish the company for wrongdoing. This is a big deal because it establishes a clear federal lane for these types of claims, running parallel to any state laws you might already have. For someone living near a large farm or working in an agricultural area, this means a new avenue to seek redress if they get sick or their land is affected by chemical drift.

The Catch: Who Pays the Lawyer?

Here’s where you need to pay close attention. While the bill creates this new right to sue and allows for significant damages, it includes a massive asterisk: it explicitly states that if you win, you cannot recover your attorney’s fees or court costs. Let that sink in. Lawsuits against major chemical companies are complex, expensive, and require specialized legal teams. For most people, the only way to afford this kind of litigation is through a contingency fee arrangement, where the lawyer takes a percentage of the final award.

The Real-World Barrier to Entry

This denial of fee recovery creates a serious access issue. Imagine a family whose child is injured by pesticide exposure. They have a strong case and win $100,000 in damages. If their lawyer worked on a standard 40% contingency fee, they’d pay $40,000 out of that award, plus potentially tens of thousands more in court costs, expert witness fees, and depositions—all expenses they must absorb themselves, even as the 'winner.' Because they can’t recover those costs, the net benefit of the lawsuit is drastically reduced. For average Americans who can’t afford to front five or six figures in legal costs, this provision could make the new federal right functionally useless, creating a right to sue that only the wealthy can afford to exercise. It’s like being given a ticket to the big game, but only if you buy the entire stadium first.

Who Benefits and Who Pays?

On one hand, this bill increases the liability exposure for pesticide manufacturers, adding a new layer of risk and accountability. On the other hand, the financial barrier created by the no-fee-recovery clause protects those same companies from the full force of large-scale, plaintiff-friendly litigation where the manufacturer might otherwise have to pay the successful plaintiff’s legal bills. The true beneficiaries here are those injured parties who happen to have the personal finances to absorb the substantial costs of federal litigation, or those who can find a lawyer willing to take on a massive risk for a smaller potential payout.