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. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. 205.400(f)(1). In summary, we conclude that the Johnsons' trespass claim, and nuisance and negligence per se claims based on 7 C.F.R. The district court relied on a phrase in our decision in Wendinger and dismissed the trespass claim, but we think the district court read too much into our specific wording in that case. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. After receiving the results of the chemical testing, the MDA informed the parties that test results revealed that the chemical dicamba was present, but below detection levels. Johnson v. Paynesville Farmers Union Coop. 205.202(b), we hold that the district court abused its discretion by denying the motion to amend without first considering whether such amended claims could survive summary judgment. 205.202(b) failed as a matter of law, and therefore, reversed the court of appeals' reinstatement of those claims; and (2) held that the district court failed to consider whether the Johnsons' non trespass claims that were not based on section 205.202(b) could survive summary judgment, and therefore, affirmed the court of appeals' reinstatement of those claims. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." You already receive all suggested Justia Opinion Summary Newsletters. 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. That regulation reads: Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as organic, must: (b) Have had no prohibited substances, as listed in 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop [. 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 1989). 31.925 (2010) (adopting the federal Organic Foods Production Act of 1990, 7 U.S.C. We reverse the district court's summary judgment order dismissing the Johnsons' trespass claim because pesticide drifting onto the Johnsons' farm may have constituted a trespass. favorite this post Jan 16 Couch for sale $250 (wdc > Leesburg) 205.202(b), and (2) denying the Johnsons' motion to amend their complaint to include claims for the 2008 incidents to the extent those claims are not based on trespass or 7 C.F.R. As other courts have suggested, the same conduct may constitute both trespass and nuisance. The Johnsons claimed that the pesticide drift caused them economic damages because they had to take the contaminated fields out of organic production for three years pursuant to 7 C.F.R. 7 U.S.C. 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. Cambern v. Hubbling, 307 Minn. 168, 171, 238 N.W.2d 622, 624 (1976) (If the trial court's rule is correct, it is not to be reversed solely because its stated reason was not correct.). Injunctive relief is a permissible remedy under that statute. 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. Email Address: We review the district court's denial of a party's motion to amend a complaint for abuse of discretion. Oil Co., No. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. 205.202(b). Prot. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. In this case, the court concludes that the OFPA's focus on producers and handlers of organic products informs its interpretation that applied to in section 205.202(b) refers only to application of pesticides by the organic farmer. And we rely on the district court's findings unless they are clearly erroneous. Remanded. If the investigation indicates that the residue detected on the organic product was the result of intentional application of a prohibited substance or the residue is present at levels that are greater than federal regulations prescribe, the product cannot be sold as organic. Under Minnesota trespass law, entry upon the land that interferes with the landowner's right to exclusive possession results in trespass whether that interference was reasonably foreseeable or whether it caused damages. 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. 6511(c)(1). Ins. This is an appeal from summary judgment. I also dissent from the court's interpretation of 7 C.F.R. The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." Of Elec. . 192, 61 L.Ed. Oil Co., 802 N.W.2d 383 (Minn.App.2011). With respect to the nuisance claim, Minn.Stat. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). We review both elements de novo. We last address the district court's denial of the Johnsons' permanent injunction request. They sought damages and a permanent injunction prohibiting the Cooperative from spraying pesticides within a half mile of the Johnsons' fields.3 The Johnsons claimed the following types of damages: (1) loss of profits because they had to take the fields onto which pesticide drifted out of organic production for 3 years; (2) loss of profits because they had to destroy approximately 10 acres of soybeans; (3) inconvenience due to increased weeding, pollution remediation, and NOP reporting responsibilities; and (4) adverse health effects. 205.202(b), fail as a matter of law and therefore amending the complaint to include identical claims based on the 2008 incidents would be futile. 2(a)(1) (2010). A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email The cooperative points to section 205.671 to urge a different holding. Organic farmers Oluf and Debra Johnson filed a civil suit alleging that the Paynesville Farmers Union Cooperative Oil Company sprayed a chemical pesticide that 13, at 71. Because the Johnsons did not have any evidence of damages based on the NOP regulations, the court concluded that all of the Johnsons' claims must be dismissed and the temporary injunction vacated. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). Id. But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. See Flom v. Flom, 291 N.W.2d 914, 917 (Minn.1980) (noting that to satisfy the element of proximate cause there must be a showing that the defendant's conduct was a substantial factor in bringing about the injury). Make your practice more effective and efficient with Casetexts legal research suite. 205.202(b). The Johnsons took this action because they believed that the presence of any amount of pesticide on their organic fields prohibited them from selling crops harvested from these fields as organic. Website. The district court granted, in part, the Johnsons' motion for a temporary injunction on June 26, 2009, requiring the Cooperative to give the Johnsons notice before it sprayed pesticides on land adjoining the Johnsons' organic farm. 6511(c)(2). WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. Moreover, use of the passive voice generally indicates the focus of the language is whether something happenednot how or why it happened. Dean v. United States, 556 U.S. 568, 572, 129 S.Ct. 2003), review denied (Minn. Nov. 25, 2003). In other words, the tort of trespass is committed when a person intentionally enters or causes direct and tangible entry upon the land in possession of another. Dobbs, supra, 50 at 95 (footnotes omitted). Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. We therefore reverse the denial without prejudice for further consideration of the injunction on remand, offering no opinion about the merit of any other arguments for or against its issuance. We turn next to the district court's denial of the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents of pesticide drift. . As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. In addition to these general provisions, the OFPA also establishes certain crop production practices that are prohibited when producers seek to sell products as organic. Under the plain language of 7 C.F.R. at 391. WebThe Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some Copyright 2023, Thomson Reuters. The district court here focused on our use of the term "particulate matter" in our discussing the nature of odors and, relying on the American Heritage Dictionary definition of "particulate matter," it concluded that pesticide drift is particulate matter and therefore not actionable as trespass under Minnesota law. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. That section states only that if "residue testing detects prohibited substances at levels that are greater than 5 percent of the Environ-mental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced." Our rules of statutory interpretation (which we apply to regulations) do not permit us to add words to a regulation whether the words were purposefully omitted or inadvertently overlooked. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 760 (Minn.2010). Id. In addition, given that the ambient environment always contains particulate matter from many sources, the expansion of the tort of trespass in cases such as Bradley and Borland to include invasions by intangible matter potentially subject[s] countless persons and entities to automatic liability for trespass absent any demonstrated injury. John Larkin, Inc., 959 A.2d at 555; see also Borland, 369 So.2d at 529 (It might appear, at first blush, from our holding today that every property owner in this State would have a cause of action against any neighboring industry which emitted particulate matter into the atmosphere, or even a passing motorist, whose exhaust emissions come to rest upon another's property.). 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. 369 So.2d 523, 525, 530 (Ala. 1979). 843, 136 L.Ed.2d 808 (1997). They asked the district court to enjoin the cooperative from spraying within one-half mile of their farm and for damages based on common-law theories of trespass, nuisance, negligence per se, and battery. Johnson v. Paynesville Farmers Union Coop. In addition, if unavoidable residual environmental contamination is present on the product at levels that are greater than those set for the substance at issue, the product may not be sold as organic. 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. In Bradley, the Washington Supreme Court held that particulate matter deposited on the plaintiff's land from the defendant's copper smelter could constitute a trespass. The court of appeals reversed and remanded. WebCase brief Johnson .docx 3 pages Question 1- quiz.docx 1 pages PLST 201 Internet Assignment #3.docx 10 pages Final Research Project PLST 201.docx 2 pages garratt v dailey case brief.docx 10 pages Final Research Project - Copy.docx 2 pages Minn Minors.docx 1 pages Statutory Research Assignment plst 201 #1.docx 2 pages Case Paynesville Farmers Union Coop. Oil Co., 802 N.W.2d 383 (Minn.App.2011). As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. 7 U.S.C. 205.202(b), before dismissing all of the Johnsons' claims, and that the district court had abused its discretion in denying the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. App., decided July 25, 2011). Smelting & Ref. The distinct language in section 205.202(b) is striking in comparison to these provisions. Some pesticides drifted onto and contaminated plaintiffs organic fields and organic products. Because the regulations and commentary fail to expressly state what happens if drift causes a less-than-five-percent contamination to an organic farm, we assume that the certifying agent has the discretion to decertify or not decertify the field. In asking the Court to recognize a claim of trespass by . 32 Catoctin Cir SE Leesburg VA 20175. Bradley v. Am. Cf. Defendants pesticide drifted and contaminated plaintiffs Prot. exceeded the 5% tolerance limits established [under the federal organic-certification regulations], produce from these plants could have been sold as `organic'" We review the district court's interpretation of the organic-certification regulation de novo. 205.100, .102, .300 (2011); see also Minn. Stat. Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. at 38889 (citing Borland v. Sanders Lead Co., 369 So.2d 523 (Ala.1979); Bradley v. Am. (holding that Minnesota law "has not recognized trespass by particulate matter"); The American Heritage Dictionary of the English Language 1282 (4th ed. 1849, 173 L.Ed.2d 785 (2009). The Cooperative filed a motion for summary judgment, which the district court granted. 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. 6511and the corresponding NOP regulation7 C.F.R. 205.202(b) (2012), a producer's intentional placement of pesticides onto fields from which crops were intended to be harvested and sold as organic was prohibited, but section 205.202(b) did not regulate the drift of pesticides onto those fields. Case brief Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012) Facts: Appellant Paynesville Farmers Union Cooperative Oil Company is a member owned farm that has products and services, among other things, applies pesticides to farm fields. Respondents Oluf and Debra Johnsons are organic farmers. 2. 6511(a). Thank you and the best of luck to you on your LSAT exam. 7 U.S.C. 802 N.W.2d at 39192. The district court also denied the Johnsons' motion to amend their complaint, reasoning that the claims arising from the 2008 overspray would fail for the same reasons the 2007-overspray claims failed. But nothing in our Wendinger analysis indicates that we intended the term "particulate matter" to define a unique category of physical substances that can never constitute a trespass. It was also inconsistent with the OFPA because the Johnsons presented no evidence that any residue exceeded the 5 percent tolerance level in 7 C.F.R. 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. Pesticide labels generally prohibit use when the wind is in excess of five miles per hour. 205.202(b), remains viable. Co., 104 Wash.2d 677, 709 P.2d 782, 791 (Wash.1985) (When airborne particles are transitory or quickly dissipate, they do not interfere with a property owner's possessory rights and, therefore, are properly denominated as nuisances.). 817 N.W.2d 693, 712 (Minn. 2012). We reverse the dismissal of their nuisance and negligence-per-se claims because the dismissal resulted from a misreading of the five-percent-contaminant regulation and the consequently erroneous holding that the Johnsons failed as a matter of law to show any damages. Foods, Inc. v. Cnty. The MDA found that the cooperative repeatedly applied pesticide on windy days. This formulation of trespass, however, conflicts with our precedent defining the elements of trespass. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. But there is no statute of limitations difference in Minnesota. And because the court concluded that the Johnsons' claims arising from the 2008 incidents would necessarily fail as a matter of law under the same analysis, the court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents. We therefore reverse the district court's dismissal of the Johnsons' claims, its denial of the Johnsons' motion to amend their complaint to include claims related to other incidents of chemical drift, and its order denying a permanent injunction, and we remand for further proceedings. The Court also held that 7 C.F.R. The Johnsons settled their losses with the cooperative for that incident. : (A10-1596, A10-2135) Decision Date: August 1, 2012 ~~~Date~~~ Brief of respondent Paynesville Farmers Union Cooperative Oil In sum, we disagree with the district court that chemical pesticide drift cannot, because of its nature, constitute a trespass. These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. 193, 90 L.Ed. Specifically, the court concluded that the Johnsons had no evidence of damages from any alleged drift because there is no evidence said drift caused [the Johnsons] to lose their organic certification and there is no evidence that [the Johnsons] could not still sell their crops as organic since the levels of prohibited substances were below the applicable tolerance levels. Based on this conclusion, the court granted the Cooperative summary judgment and dismissed the Johnsons' nuisance and negligence per se claims. WebCase Nos. 561.01. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Subsequently, the Cooperative moved for summary judgment, and the Johnsons moved to amend their complaint to include claims based on the two 2008 incidents and a claim for punitive damages. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 6511(d). , 132 S.Ct. In both cases, the court of appeals held that such invasions do not, as a matter of law, constitute trespass. 205.202(b), within the context of the OFPA's focus on regulating the practices of the producer of organic products, we conclude that this phrase unambiguously regulates behavior by the producer. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546, 550 (Minn.App.2003) (noting that Minnesota has not recognized trespass by particulate matter and rejecting a trespass claim because the odors of which the [plaintiffs] complain interfere with the use and enjoyment of their land, not with their exclusive possession of it), rev. 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. Plaintiffs were farmers who grew organic crops. Ass'n. 205.202(b), and therefore had no basis on which to seek an injunction. The cooperative was cited lour times by the Minnesota Department of Agriculture for violating pesticide laws, which make it illegal to "apply a pesticide resulting in damage to adjacent property," Minn. Stat. 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