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Minnesota Supreme Court: Pesticide drift is not trespassing, but organic farmer can sue neighbor – TwinCities.com

August 3, 2012

The Minnesota Supreme Court ruled Wednesday, Aug. 1, that chemicals drifting from one farm to another do not constitute trespassing under state law, a decision that could make it harder for organic farmers to seek relief if crops are damaged by pesticide drift.

In reversing a 2011 appeals court ruling, the Supreme Court said Minnesota does not recognize trespassing by “particulate matter.” The high court said the earlier appeals court ruling that found otherwise went “beyond our precedent.”

The ruling came in the case of organic farmers Oluf and Debra Johnson, who sued the Paynesville Farmers Union Cooperative Oil Company in 2009. The Johnsons alleged that the co-op repeatedly sprayed pesticides that drifted onto their fields, preventing them from selling their crops as organic.

via Minnesota Supreme Court: Pesticide drift is not trespassing, but organic farmer can sue neighbor – TwinCities.com.

 

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