Saturday, April 25, 2015

Home News Minnesota court says drift is trespassing

Minnesota court says drift is trespassing

The Minnesota Court of Appeals rules that pesticide drift counts as trespassing

Associated Press | July 27, 2011

The Minnesota Court of Appeals says it can count as trespass under the law when pesticide drifts from one farm to another.
 
The appeals court revived a lawsuit by organic farmers Oluf and Debra Johnson against the Paynesville Farmers Union Cooperative Oil Co. The Johnsons allege the co-op has repeatedly sprayed pesticides onto other fields that have drifted onto theirs, preventing them from selling their crops as organic.
 
The decision says no previous Minnesota case has addressed whether unwanted pesticide drift from a targeted field to an adjacent organic farm can constitute a trespass. The appeals court held Monday, July 25 that it can under some circumstances. Courts in other states have made similar rulings.
 
The appeals court sent the organic farmers' lawsuit back to a lower court for further action.

 

Top news

Nine states running out of water

According to the U.S. Drought Monitor, nine states have at least 20 percent of their land affected by severe to exceptional drought.

Congress pushes back on EPA's 'Waters' rule

New legislation would require EPA to withdraw its proposed rule redefining bodies of water that are subject to regulation.

Horticulture education program set for April 29 in Texas

The program will discuss low-water horticultural practices in the Panhandle.

x