Court: Pesticide Drift Can Count As Trespass

ST. PAUL (AP) — 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 Company. They 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 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.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

  • Common Sense

    Now way, what are these judges smoking. You can not possibly stop the drifting of pesticides or the smell of furtelizer being applied on crops. Common sense has gooe out the window. Don’t try and start an organic farm next to an existing non organic farm or don’t build a house next to a farm field and then complain theat the smellis bad or pesticies are drifting on to your land

    • jon

      Good to know this applies to pesticides that don’t matter and only make out food better but doesn’t apply to the second hand smoke flying in my face everyday.

    • Todd W. Olson

      Great, glad to know you feel that way. I’ll be over to your neighbor’s house with the sprayer in just a few minutes. You’ll hardly notice a thing.

  • John

    I don’t like that you smoke. I can smell it on your clothes along with your BO please stop. I wouldn’t have a problem with this except we all know organic is BS.

  • yeppers

    Awesome, next time I smell my neighbors 2-4d I’m gonna sue.

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