Cert denied in pesticide case

The U.S. Supreme Court has denied a cert petition in the case of Johnson v. Paynesville Farmers Union Cooperative Oil Company.  In that case, the Minnesota Supreme Court said that the plaintiffs could not sue the defendants who allegedly allowed pesticide to drift on to the plaintiffs under federal regulations that govern organic farming, The regulation at issue says that organic farm land must have no pesticides “applied” to it within the previous three years.  The Minnesota Supreme Court said that “applied” referred to actions of the producer, not a pesticide drift.  It then concluded that the plaintiffs did not create an issue for trial that the defendant’s pesticide drift required them to remove their field from production. The opinion is available here. In the cert petition, the plaintiffs argued that the Supreme Court misinterpreted the National Organic Program regulations.

 

Source: http://minnlawyer.com/minnlawyerblog/2013/03/15/cert-denied-in-pesticide-case/

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