Pesticide Drift May Give Rise to Claims of Trespass, Nuisance and Negligence Per Se When Organic Crops Are Contaminated
Thursday, August 18th, 2011Larkin Hoffman Attorneys
by Jennifer Singleton
Minnesota’s organic farmers may now have greater protection against neighboring farmers’ pesticide use. The Minnesota Court of Appeals recently held that when chemical pesticides drift from one farm to another, the resulting damage may provide a basis for claims of trespass, nuisance and negligence. The decision reverses the lower court’s determinations that Minnesota does not recognize trespass by particulate matter and that the damages necessary to sustain causes of action for negligence and nuisance cannot exist unless pesticide contamination exceeds the five percent limit established by National Organic Program (NOP) regulations. With organic farming becoming increasingly widespread and profitable, this decision may have far-reaching implications for those involved in Minnesota’s agriculture industry. Read Full Article »












