To date, no Texas spray drift cases have involved a nuisance claim. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). WebThe best poems for funerals, memorial services., and cards. Specifically, if the residue is caused by environmental contamination, but does not exceed the requisite levels, the product may continue to be sold as organic. The Court however held that the district court erred when it dismissed the Johnsons nuisance and negligence per se claims that were not grounded on section 205.202(b). 205.202(b), could survive summary judgment, we affirm the court of appeals' reinstatement of those claims and remand for proceedings consistent with this opinion. In an August 27, 2007 letter, the OCIA stated that there may have been chemical drift onto a transitional soybean field and that chemical testing was being done. The question therefore is not one of damages but is more properly framed as a question of causation. But section 205.202(b) does not regulate drift; instead, it provides that prohibited substances are not to be applied to organic fields. Thank you and the best of luck to you on your LSAT exam. 1849, 173 L.Ed.2d 785 (2009). We are not to adopt an interpretation that renders one section of the regulatory scheme a nullity. Defendants pesticide drifted and contaminated plaintiffs organic fields. 
Under the plain language of 7 C.F.R. For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. For example, if someone causes harmful dust to enter a person's land and that dust settles on the person's land and interferes with the owner's possession of the land, it would seem that a trespass has occurred. See, e.g., Anderson v. Dep't of Natural Res., 693 N.W.2d 181, 192 (Minn.2005) (discussing our nuisance jurisprudence); Schmidt v. Vill. Lee & Barry A. Lindahl, 4 Modern Tort Law: Liability and Litigation 38:1 (2d ed. This determination was based on the court's conclusion that because there was no evidence that any chemical on the Johnsons' crops exceeded the 5 percent tolerance level in 7 C.F.R. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). 445 Minnesota Street, Suite 1400 . Our first task is to determine whether the regulation is ambiguous. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) was a member owned farm products and services provider that, among other things, applied pesticides to farm fields. The use of different words in the two provisions supports the conclusion that the sections address different behavior. 
See Minn. Stat 561.01. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. WebJohnson v. Coss Brief Citation667 N.W.2d 701 (S.D. 6511. Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. The Johnsons were also told that [i]f the analysis indicate[d] contamination, they would have to take this land back to the beginning of 36month transition. Based on the OCIA's letter, and the dicamba found by the MDA, the Johnsons took the transitional soybean field back to the beginning of the 3year transition process. But in cases like Bradley and Borland, the courts call[ ] the intrusion of harmful microscopic particles a trespass and not a nuisance, and then us[e] some of the techniques of nuisance law to weigh the amount and reasonableness of the intrusion. Dobbs, supra, 50 at 96. This is because the interference with possessory rights and interference with use and enjoyment rights are different. Did to 7 C.F.R. But any such directive was inconsistent with the plain language of 7 C.F.R. 7 U.S.C. As is true for the OFPA and the NOP as a whole, section 205.202(c) is also directed at the producer of organic products, not third parties. The district court concluded that the Johnsons' trespass claim failed as a matter of law, relying on the court of appeals decision in Wendinger v. Forst Farms Inc., 662 N.W.2d 546, 550 (Minn.App.2003), which held that Minnesota does not recognize trespass by particulate matter.5 The district court also concluded that all of the Johnsons' negligence per se and nuisance claims failed as a matter of law because the Johnsons lacked evidence of damages. at 388. v. Kandiyohi Cnty. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among 205.202(b). See Adams v. ClevelandCliffs Iron Co., 237 Mich.App. In addition, the Johnsons' nuisance claim alleges that pesticides below the recommended dosage can spur weed growth and that they have had to take extra measures to control weeds in 2007 and 2008 as a result of drift onto their fields from the Cooperative's actions. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a memberowned farm products and services provider that, 205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. Whether plaintiffstrespassclaim fails as a matter of law? Johnson v. Paynesville Farmers Union Co-op Download PDF Check Treatment Casetext: The secret research weapon for attorneys. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). Because only one of the three chemicals was present based on its testing, the MDA concluded that it can not be proven if the detections were from drift. And even though the testing did not find diflufenzopyr, the MDA still required that the Johnsons plow down a small portion of the soybeans growing in the field because of the presence of dicamba and based on the visual damage observed to this crop. ] The court concludes that this regulation does not apply to the alleged conduct here because a pesticide is not applied to a farm if its presence is caused by drift, as opposed to being directly applied by the organic farmer. But the disruption to the landowner's exclusive possessory interest is not the same when the invasion is committed by an intangible agency, such as the particulate matter at issue here. 205.202(b).1, Once producers obtain certification to sell products as organic, the OFPA and NOP provide guidelines for certified organic farming operations to ensure continued compliance. 205.202(b), does not, however, end our analysis of those claims. 442 (1917) (noting that when the meaning of a statute is plain the sole function of the courts is to enforce it according to its terms). In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. 205.202(b), and therefore had no basis on which to seek an injunction. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co. 817 N.W. 6507(b)(1). 
Our conclusion that the district court properly dismissed the Johnsons' negligence per se and nuisance claims based on 7 C.F.R. Ct. App. Minn.Stat. The Johnsons sought a permanent injunction under the nuisance statute, Minn.Stat. But to the extent that the amended complaint alleges claims for the 2008 incidents that are not based in trespass or on 7 C.F.R. It seems to me that differences in size, quantity, and harmfulness of varying types of particulate matter will have an effect on whether the invasion by the substance causes a trespass. To see those casebooks, please click on a subject below. We begin with a discussion of the tort of trespass. The court of appeals forged new ground in this case and extended Minnesota trespass jurisprudence when it held that a trespass could occur through the entry of intangible objects, such as the particulate matter at issue here. Smelting & Ref. at 530 ([I]f, as a result of the defendant's operation, the polluting substance is deposited upon the plaintiff's property, thus interfering with his exclusive possessory interest by causing substantial damage to the res, then the plaintiff may seek his remedy in trespass ); cf. The Johnsons base their construction on the use of the word application in 7 C.F.R. The Johnsons argue that the Cooperative is liable, under nuisance and negligence per se theories, for damages resulting from the destruction of these soybeans.16 Because the district court failed to address whether there were any genuine issues of material fact on this aspect of the Johnsons' nuisance and negligence per se claims, we hold that the court erred when it dismissed these claims. WebJohnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 views 1 year ago Among other things, section 205.400 requires a producer to [i]mmediately notify the certifying agent concerning any: [a]pplication, including drift, of a prohibited substance to any field that is part of an [organic] operation. 7 C.F.R. The certifying agent's erroneous interpretation of section 205.202(b) and the OFPA was the proximate cause of the Johnsons' injury, but the Johnsons cannot hold the Cooperative liable for the certifying agent's erroneous interpretation of the law. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among other things, applies pesticides to farm fields. 205.100, .102 (describing which products can carry the organic label). They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. In other words, in order for products to be sold as organic, the organic farmer must not have applied prohibited substances to the field from which the product was harvested for a period of 3 years preceding the harvest.13. Johnson, 802 N.W.2d at 390. Imposing this restriction on a trespass claim is inconsistent with our precedent that provides a remedy to a property owner for any trivial trespass. Romans, 217 Minn. at 180, 14 N.W.2d at 486. 205.202(b). 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). Having concluded that the Johnsons' trespass claim fails as a matter of law, we turn next to their nuisance and negligence per se claims. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). We instead conclude that applied to it used in section 205.202(b), when read in the context of the OFPA and the NOP regulations as a whole, unambiguously refers to prohibited substances that the producer intentionally puts on a field from which crops are intended to be sold as organic.14, When the regulation is read in the context of the NOP and the OFPA as a whole and given the statutory scheme's focus on regulating the practices of producers, we conclude that section 205.202(b) does not cover the Cooperative's pesticide drift. 6511(a). Oil Co., 802 N.W.2d 383 (Minn.App.2011). Id. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. Please check your email and confirm your registration. See id. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. The Johnsons seek loss of profits under both the nuisance and negligence per se claims based on their alleged inability to market their crops as organic under 7 C.F.R. The Johnsons claim that while the Cooperative was spraying pesticide onto Johnson v. Paynesville Farmers Union Coop. Evidently, under the court's reading of the regulations, if a third party intentionally applies a prohibited pesticide to an organic farm field in a quantity sufficient to leave a residue that violates the regulation, 7 U.S.C. Id. We turn first to the question of whether, as the district court held, the Johnsons' trespass claim fails as a matter of law. The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. The court's reading makes no sense because no matter who applies the prohibited pesticide and no matter how the pesticide is applied, whether by drift or otherwise, the end product will be no less contaminated and no less in violation of regulations limiting such contamination. See Johnson, 802 N.W.2d at 389. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). If the intrusion is to the interest in use and enjoyment of property, the law of nuisance applies.); see also J.D. WebPaynesville Farmers Union Co-op Oil Comp., 817 N.W. Minn.Stat. Specifically, the Johnsons claim that the MDA required them to destroy a portion of their transitional soybeans affected by the alleged 2007 drift because of the presence of dicamba on and visual damage to the soybeans. Johnson v. Paynesville Farmers Union Coop. The distinct language in section 205.202(b) is striking in comparison to these provisions. 192, 61 L.Ed. In terms of size, the largest inhalable coarse particles are 10 micrometers in diameter; that is one-seventh the diameter of a strand of human hair. And in a case alleging damages caused by pesticides, like this case, the applicable statute of limitations is 2 years regardless of the type of claim the plaintiff brings. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 31112, 19 N.W.2d 726, 73435 (1945) (water); Whittaker v. Stangvick, 100 Minn. 386, 391, 111 N.W. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. 205.202(b). uses defer in some provisions, and waiver or suspension in others. We normally presume that, where words differ as they differ here, Congress acts intentionally and purposely in the disparate inclusion or exclusion. (citation omitted) (internal quotation marks omitted)). Web2 including their right to farm without fear of prosecution for patent infringement. We disagree. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). In contrast to the provisions that specifically regulate the behavior of producers, the language in section 205.202(b) focuses on a characteristic of the field and does not refer to the producer, handler, or farmer. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. of Comm'rs, 713 N.W.2d 817, 828 n. 9 (Minn.2006) (noting that administrative regulations are governed by the same rules of construction that apply to statutes); cf. Johnson v. Paynesville Farmers Union Coop. WebMenu. To guard against that result, the courts in both Bradley and Borland required that it be reasonably foreseeable that the intangible matter result in an invasion of plaintiff's possessory interest, and that the invasion caused substantial damages to the plaintiff's property. We consider each of these issues in turn. The court of appeals held that the phrase applied to it in section 205.202(b) included situations in which pesticides unintentionally came into contact with organic fields. One of these specific practices provides that in order to be sold as organic, the product must not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products. 7 U.S.C. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. Because Bradley and Borland require a showing of reasonable foreseeability and substantial damages, they essentially disregard the traditional understanding of trespass under Minnesota law, and they are in reality, examples of either the tort of private nuisance or liability for harm resulting from negligence and not trespass cases at all. See, e.g., Caraco Pharm. Oil Co. Actual damages are not an element of the tort of trespass. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. WebThe best poems for funerals, memorial services., and cards. The MDA concluded that drift from the Cooperative's spraying caused both of the positive test results. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. 6521(a). But the Johnsons argue that Bradley and Borland reflect the modern view of trespass and urge us to likewise abandon the traditional distinctions between trespass and nuisance when considering invasions by particulate matter. 205.202(b). The Johnsons claim that while the Cooperative was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some pesticide drifted onto and contaminated the Johnsons' organic fields. See 7 C.F.R. In summary, trespass claims address tangible invasions of the right to exclusive possession of land, and nuisance claims address invasions of the right to use and enjoyment of land. 7 U.S.C. The compliance provision in the OFPA statute7 U.S.C. This provision therefore does not support the conclusion that section 205.202(b) should be read to cover conduct by third parties. See Johnson v. Paynesville Farmers Union Coop. Because the Johnsons still have a viable nuisance claim, and an injunction is a potential remedy for a nuisance, we hold that the district court erred when it dismissed the Johnsons' request for permanent injunctive relief. 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