Tuesday, July 29, 2014

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

Find your star customers

You may think you know your customers inside and out, but you may be wrong.

XXpire WG insecticide receives federal registration

New chemistry controls 39 of the toughest ornamental pests.

AmericanHort launches initiative to explore the future of garden retail

The organization will partner with a design college to help reshape how products are marketed and perceived.

California imposing mandatory water restrictions

Under the new regulations, nurseries in some districts will only be permitted to water between midnight and 6 a.m.

Record number of attendees reported at Cutivate’14

The trade show formerly known as OFA Short Course attracted more than 10,000 people, according to AmericanHort.