86, 342 P.2d 790, 793 (Or.1959) (suggesting that one explanation for the historical adherence to a distinction between tangible and intangible invasions of land was that science had not yet peered into the molecular and atomic world of small particles). 6503(d) (stating that the OFPA is implemented by certifying agents authorized through the Secretary of Agriculture); 7 C.F.R. 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. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. 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. WebThe Johnsons, organic farmers, claimed that while Appellant, a cooperative, was spraying pesticide onto conventionally farmed fields adjacent to the Johnsons' fields, some The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. 295, 297 (1907) (bullets and fallen game). As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. In addition, the Johnsons claim damages for actual crop losses, inconvenience, and adverse health effects. For example, in Borland v. Sanders Lead Co., Inc., the Alaska Supreme Court recognized that lead particulates and sulfoxide can constitute trespass, reasoning that "if, as a result of the defendant's [smelting] operation, the polluting substance is deposited upon the plaintiffs property, thus interfering with his exclusive possessory interest by causing substantial damage to the Res, then the plaintiff may seek his remedy in trespass." WebFinal Research Paper Case Brief 1 Citation: Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W. 12-678 Oluf Johnson and Debra Johnson, Petitioners v. Paynesville Farmers Union Cooperative Oil Company Administrative Proceeding Supreme Court of the United States , Case No. The MDA did not observe any plant injury to the alfalfa field or plants, grass and weeds, but chemical testing revealed the presence, at minimal levels, of chloropyrifos, the active ingredient in another pesticide, Lorsban Advanced. 6507(b)(1). Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. The Johnsons assert that the Cooperative trespassed when it sprayed pesticide onto a neighboring conventional field and wind carried the pesticide, as particulate matter, onto the Johnsons' land. Copyright 2023, Thomson Reuters. Anderson, 693 N.W.2d at 187. The court of appeals expansion of trespass law to include intangible matters may subject countless persons and entities to automatic liability fortrespassabsent any demonstrated injury. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 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. Regarding the 2007 overspray, the district court dismissed the trespass claim because it concluded that "trespass by particulate matter" is not recognized in Minnesota; it dismissed the nuisance and negligence-per-se claims because the Johnsons presented no evidence that the cooperative's spraying caused damages; and it dismissed the battery claim for lack of evidence of intent. Having concluded that applied to it refers to situations where the producer has applied prohibited substances to the field, we must consider whether the district court correctly dismissed the Johnsons' nuisance and negligence per se claims based on 7 C.F.R. The cooperative again oversprayed in 2007. A district court should permit amendments unless it finds that the adverse party would be prejudiced. Minnesota Attorney Generals Office . In order to resolve the interpretation question presented, we must construe the regulation at issue7 C.F.R. We hold that a trespass action can arise from a chemical pesticide being deposited in discernable and consequential amounts onto one agricultural property as the result of errant overspray during application directed at another. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. And because there was discretion to decertify, the court of appeals concluded that the Johnsons had offered sufficient evidence to survive summary judgment. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. We have affirmed as factually supported a negligence judgment against a crop duster after its negligent spraying of herbicides resulted in chemical drift from target fields onto a neighboring field, damaging crops. of Ramsey, 323 N.W.2d 65, 73 n. 6 (Minn. 1982) (permitting recovery for items lost in flooding, replacement of items, and the "owner's time in coping with the water problems" caused by nuisance), the district court erred by granting summary judgment without addressing them. See, e.g., Bradley, 709 P.2d at 786, 791 (holding that the 3year trespass statute of limitations applied rather than the 2year nuisance statute of limitations). 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. Annual Subscription ($175 / Year). 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 Johnsons claimed 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. 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. This distinction between inference with possessory rights and interference with use and enjoyment rights is reflected in the only reported decisions in Minnesota, both from the court of appeals, which reached the question of whether an invasion by particulate matter constitutes a trespass. 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. 7 U.S.C. 6511(c)(2)(A) (2006) would not prohibit the product's sale as an organic product because the producer had not applied the prohibited pesticide. The Johnsons also allege that the pesticide drift constitutes negligence per se, asserting that the Cooperative violated Minn.Stat. 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). 205.202(b). Of Elec. 205 .202(b). 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. Our decision in Wendinger rightly rejected the theory that odors alone can constitute trespass in Minnesota, but our citing to Borland and Bradley was unnecessary to that holding and, as a practical matter, our assessment of them was a bit adrift. Instead, they primarily complain that the liquid chemicals that the cooperative sprayed into the air from neighboring fields drifted, landed, and remained on the Johnsons' organic crops in detectable form, contaminating them. We remand for further proceedings arising from the reversal. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 312, 19 N.W.2d 726, 73435 (1945). This is an appeal from summary judgment. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. It is a small extension, if any, of those holdings to conclude that invasion by pesticide can constitute a trespass, especially because pesticides are designed to affect the land, unlike an invasion by a bullet, which creates no such risk. 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. We last address the district court's denial of the Johnsons' permanent injunction request. Because the district court failed to address whether there are any genuine issues of material fact on this aspect of the Johnsons' nuisance claim, we hold that the court erred when it dismissed the nuisance claim. The regulation, as part of the organic-certification regulation scheme of the National Organic Program (NOP), limits the circumstances in which farmers may label and sell produce as "organic." 843, 136 L.Ed.2d 808 (1997). Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. But when the Johnsons gave the cooperative an invoice documenting their losses from the overspray, the cooperative refused to pay. Claim this business. American organic farming is regulated by the Organic Foods Production Act of 1990, 7 U.S.C. 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). The Court also explained that including intangible matters as causes oftrespasswould also impose on the property owners the obligation to demonstrate that the invasion causes some consequence. 561.01. Id. In re NCAA Student-Athlete Names & Likeness Licensing Litigation. Should the agent determine that the residue came from the intentional application of a prohibited substance, the product may not be sold as organic. 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. 2(a)(1) (2010). 205). 205.671confirm this interpretation. 541.07(7) (2010) (creating a 2year statute of limitations for all tort claims against pesticide applicators). The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. 205.202(b). 205, as the "organic food production law" of Minnesota). 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. Minn. Stat. But section 205.202(b) does not regulate drift; instead, it provides that prohibited substances are not to be applied to organic fields. 205.202(b) (2012), (2) economic damages because they had to destroy some crops, (3) inconvenience, and (4) adverse health effects. While section 205.202(a) implicitly references producers and handlers, by referring to provisions that specifically prescribe their conduct, section 205.202(b) does not do so in any way. But there is no statute of limitations difference in Minnesota. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. Because the district court erroneously concluded that the John-sons' 2007 claims cannot withstand summary judgment, the district court erred by refusing to allow the Johnsons to amend their complaint to add the claims related to the 2008 overspray. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. Sime v. Jensen, 213 Minn. 476, 481, 7 N.W.2d 325, 328 (1942); see also Romans v. Nadler, 217 Minn. 174, 18081, 14 N.W.2d 482, 486 (1944) (citing Whittaker v. Stangvick, 100 Minn. 386, 111 N.W. And because the presence of pesticide on the Johnsons' fields allegedly caused those fields to be decertified, the court of appeals held that the Johnsons had viable claims for damages based on 7 C.F.R. 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. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. 7 C.F.R. 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. The district court dismissed the Johnsons' request for injunctive relief because it concluded that the Johnsons did not have a viable nuisance claim under 7 C.F.R. Rather than adopt a categorical conclusion that particulate matter can never cause a trespass, I conclude, as discussed above, that it may constitute a trespass under some circumstances. The Johnsons sued Appellant on theories including trespass, nuisance, and negligence per se, seeking damages and injunctive relief. 205.202(b). Oil Co., 802 N.W.2d 383 (Minn.App.2011). See 7 U.S.C. You're all set! To the extent that the court of appeals' decision would reinstate those claims and allow the Johnsons to amend their complaint to include those claims for the 2008 incidents of pesticide drift, we reverse. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. But the court of appeals reversed, holding that the phrase applied to it implicitly includes unintentional pesticide drift, and that therefore OCIA had discretion to decertify the Johnsons' soybean field under section 205.202(b). 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. Schroeder v. St. Louis Cnty., 708 N.W.2d 497, 507 (Minn. 2006). Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. Minnesota has adopted the OFPA and the NOP as its state organic farming law. 205.400(f)(1). Our holding in Wendinger, rejecting the contention that an inactionable odor-based trespass claim is converted into an actionable claim simply because of an odorous fume's nature as a physical substance, is of no controlling force here. 709 P.2d at 784, 790. 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. 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. 205.202(b). Drifted particles did not affect plaintiffs possession of the land. Whether plaintiffstrespassclaim fails as a matter of law? 80,548, 80,556 (Dec. 21, 2000) (codified at 7 C.F.R. Here, on the record presented at this stage in the litigation, it is not clear to me whether the pesticides in this case constituted a trespass. [h]ave had no prohibited substances . The compliance provision in the OFPA statute7 U.S.C. This conclusion flies in the face of our rules of construction as well as common sense. art. 205.100, .102, .300 (2011); see also Minn. Stat. 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 Johnsons claim that the pesticide drift caused them: (1) economic damages because they had to take the contaminated fields out of organic production for 3 years pursuant to 7 C.F.R. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 18B.07 (2010) by direct[ing] pesticide[s] onto property beyond the boundaries of the target site, using the pesticides in a manner inconsistent with their labels, and endangering the Johnsons' agricultural products. Email Address: WebCase Brief (19,287) Case Opinion (19,683) Johnson v. Paynesville Farmers Union Coop. 7 U.S.C. 1(2), (3) (2010) (creating a 6year statute of limitations for statutory actions like nuisance and establishing a 6year statute of limitations for trespass). 6511. One of the purposes of the OFPA is to establish national standards governing the marketing of certain agricultural products as organically produced products. 7 U.S.C. 205.671, the Johnsons could have sold their crops as organic and therefore the Johnsons did not prove damages. 7 C.F.R. Regarding the Johnsons' negligence per se claim, we have recognized that negligence per se is a form of ordinary negligence that results from violation of a statute. Anderson, 693 N.W.2d at 189 (quoting Seim v. Garavalia, 306 N.W.2d 806, 810 (Minn.1981)). 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. In addition to losing the tainted alfalfa, the Johnsons could not grow anything on the burn spot and took the contaminated field out of organic production for three years. While the district court, both parties, and the court of appeals characterize the dismissal as one based on a lack of prima facie evidence of damages, the Johnsons clearly made a prima facie showing of damages; they actually took their soybean field back to the beginning of the 3year transition period and lost the opportunity to market crops from that field as organic during that time period. 2003), review denied (Minn. Nov. 25, 2003). 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. , 132 S.Ct. WebAssistant Attorneys General . Under the OFPA and the NOP regulations, a producer cannot market its crops as organic, and receive the premium price paid for organic products, unless the producer is certified by an organic certifying agent. 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. We need not address the cooperative's plausible assertion that incidental and negligible overspray during agricultural application is inevitable, and therefore not actionable. The MDA informed the Johnsons that there was no tolerance for diflufenzopyr in soybeans (organic, transitional, or conventional) and that, pending chemical testing, the MDA would determine if there [would] be any harvest prohibitions on the Johnsons' soybeans. 369 So.2d at 52526. The Johnsons argue that they had to remove certain fields from organic production for 3 years because pesticides were applied to those fields in violation of 7 C.F.R. Arlo Vande Vegte (#112045) ARLO VANDE 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. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). This showing is made if it includes evidence that would allow a reasonable factfinder to conclude that the element has been proven. (Emphasis added). In the absence of actual damages, the trespasser is liable for nominal damages. The Johnsons do not allege that a tangible object invaded their land. Id. 802 N.W.2d at 391 (citing 7 C.F.R. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. 662 N.W.2d at 550. It has also recognized that a landowner owes a general duty "to adjoining or nearby premises" and observed that the duty leads to "liability [being] regularly imposed in cases concerning pesticide spray that drifted and killed bees" on neighboring land. Causing visually apparent tainting of the regulation because the NOP regulations were drafted to out... To conclude that the adverse party would be prejudiced N.W.2d 60, 71 ( 2012! 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