Minnesota Supreme Court Reverses Pesticide Trespass Ruling

Sad News.

I wrote in a post on Monday . . .

1. Chemical Trespass: Minnesota organic farmers Oluf and Debra Johnson had success in 2011 when the Minnesota Court of Appeals ruled that an organic farm surrounded by chemical-laden conventional farms can seek damages for lost crops, as well as lost profits, caused by the illegal trespassing of pesticides and herbicides on its property.

Last Wednesday the Minnesota Supreme Court reversed the 2011 appeals court ruling, stating that  Minnesota does not recognize trespassing by particulate matter and ruling that chemicals drifting from one farm to another do not constitute trespassing under state law. This decision  could make it harder for organic farmers to seek relief if crops are damaged by pesticide drift. Read Article

We should have a right to a pesticide free environment, but we don’t. Not yet anyway. Vande Vegte, the Johnsons’ attorney, said he plans to take the case forward. I expect there will be more of these cases in the years ahead.