Adams

The Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b)(1), 2671-2680, includes a certification process for immunity from tort claims against employees of the government. 28 U.S.C. § 2679 (b)(1). Such employees are defined, in part, as “persons acting on behalf of a federal agency.” 28 U.S.C. § 2671 . We conclude that the word “persons” as used in this portion of the FTCA does not include corporations, notwithstanding the Dictionary Act’s provision that the word “person” when used in an Act of Congress includes “corporations” “unless the context indicates otherwise.” 1 U.S.C. § 1 . Thus, we hold that a corporation may not obtain immunity through the certification process of 28 U.S.C. § 2679 , and we affirm the district court’s order affirming the government’s denial of FTCA certification to the corporate defendants, Thomas Helicopters, Inc., and DeAngelo Brothers, Inc.

I

The Bureau of Land Management contracted with Thomas Helicopters and DeAngelo Brothers to apply herbicide to Bureau-managed land in Idaho to prevent weed growth. Approximately 440 plaintiffs made up of farmers and land-owners sued the manufacturer of the herbicide, as well as Thomas Helicopters, DeAngelo…