205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. See Minn. Stat 561.01. Considered and decided by ROSS, Presiding Judge; STAUBER, Judge; and HARTEN, Judge. 1670, 1680, 182 L.Ed.2d 678 (2012) (noting that courts are to consider questions of statutory interpretation by looking at phrases in the context of the entire statute). See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). 6511(c)(1). 205.201; see also 205.272 (requiring the farmer to "implement measures necessary to prevent the commingling of organic and nonorganic products and protect organic products from contact with prohibited substances"). Keeton, supra, 13 at 7172. 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). The OFPA focuses on the producers and handlers of the products that are marketed and sold as organic. The court of appeals reversed. 2(a)(1) (2010). The court looked outside Minnesota to support the holding it reached.8 Id. Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. 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. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. . Injunctive relief is a permissible remedy under that statute. I also dissent from the court's interpretation of 7 C.F.R. Oil Co., 802 N.W.2d 383 (Minn.App.2011). 2000) (defining particulate matter as "[m]aterial suspended in the air in the form of minute solid particles or liquid droplets, especially when considered an atmospheric pollutant"). 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. Johnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 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. But when the Johnsons gave the cooperative an invoice documenting their losses from the overspray, the cooperative refused to pay. Section 205.400 confirms that when the NOP regulates drift, that intention is made explicitly clear. 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. The Johnsons sought an injunction under the nuisance statute, Minnesota Statutes section 561.01. 205.662(a), (c) (providing that if an investigation by a certifying agent "reveals any noncompliance" with NOP regulations, a written notice of noncompliance shall be sent to the certified operation, and that this notice can lead to revocation or suspension of certification (emphasis added)). 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. And [w]hile the existence of [causation] is usually a question of fact for the jury, when reasonable minds could reach only one conclusion, it is a question of law. Lietz v. N. States Power Co., 718 N.W.2d 865, 872 (Minn.2006) (quoting Canada v. McCarthy, 567 N.W.2d 496, 506 (Minn.1997)). 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. 7 U.S.C. Affirmed in part, reversed in part, and remanded. 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. 2(b) (2010), and to spray pesticide in a manner "inconsistent with a label or labeling," Minn. Stat. Defendant claimed that the invasion of particulate matter does not constitute atrespassin Minnesota as a matter of law. The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. James A. Henderson, Jr. et al., The Torts Process 386 (7th ed.2007). See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In April 2010, the Johnsons moved to amend their complaint to include damages from the 2008 incidents. As to the negligence per se and nuisance claims based on 7 C.F.R. Pesticide labels generally prohibit use when the wind is in excess of five miles per hour. 205.202(b). Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). 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. He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. Because the Johnsons did not apply pesticides to the field, the Cooperative argues that section 205.202(b) does not restrict the Johnsons' sale of organic products. Labs., Ltd. v. Novo Nordisk A/S, U.S. Oil Co., appellants could not establish causation as a matter of law. The OFPA also specifically provides that producers of organic products shall not apply materials to seeds or seedlings that are contrary to, or inconsistent with, the applicable organic certification program. 7 U.S.C. The MDA investigated and determined that the cooperative illegally sprayed herbicide, causing visually apparent tainting of the Johnsons' crops consistent with drift. A10-1596, A10-2135 (Minn. Aug. 1, 2012). While the court of appeals expressly reversed the district court's denial of the Johnsons' claim for a, At that time, the binding precedent was this court's opinion in the same case, in which we held that a fine, Full title:Oluf JOHNSON, et al., Appellants, v. PAYNESVILLE FARMERS UNION COOPERATIVE. The Cooperative filed a motion for summary judgment, which the district court granted. 2d 693 (2012) Parties: Oluf Johnson, Respondent, Paynesville We disagree. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. They must also certify on an annual basis that they have not sold products labeled as organic except in accordance with the OFPA, and producers must allow the certifying agent an on-site inspection of their farm every year. The Court noted that under 7 C.F.R. Weborganic - Page 14 - Food & Beverage Litigation Update The connection between actual and proximate causation, Aegis Insurance Services, Inc. v. 7 World Trade Co. V. UNITED . The Johnsons settled their losses with the cooperative for that incident. The more specific holdings in chemical drift trespass cases in other jurisdictions are consistent with our holding today. Thank you and the best of luck to you on your LSAT exam. The history of the United States government constitutes the formation, growth, development, and evolution of the federal government of the United States, including the constitution, the United States Code, the office of the presidency, the executive departments and agencies, Congress, the Supreme Court, and the lower federal courts.It Under the NOP regulations, crops may not be sold as organic if the crops are shown to have a prohibited substance on them at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance level for that substance. - Legal Principles in this Case for Law Students. The district court therefore erred by concluding that the Johnsons' trespass claim fails as a matter of law. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. 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 [. The term particulate matter encompasses a variety of substances, but the court's one-size-fits-all holding that particulate matter can never cause a trespass fails to take into account the differences between these various substances. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. Johnson v. Paynesville Farmers Union Cooperative Oil Co., 817 N.W.2d 693 (Minn. 2012). 2405, 165 L.Ed.2d 345 (2006) ([T]he question is whether Congress intended its different words to make a legal difference. Trespassclaims address only tangible invasions of the right to exclusive possession of land. Annual Subscription ($175 / Year). 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 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. 1989). Smelting & Ref. The regulations require farmers to develop detailed production and handling practices that prevent the commingling of organic and nonorganic foods. The Johnsons' claim is one for nuisance, not trespass. 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. 662 N.W.2d at 550. The phrase "applied to" is not defined in the regulations, but we hold that it implicitly includes unintentional pesticide drift. Arlo Vande Vegte (#112045) ARLO VANDE Id. 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. Use this button to switch between dark and light mode. The regulations refer to the "unintended application of a prohibited substance," 205.202(c) (emphasis added), and they also refer to the " [a]pplication, including drift, of a prohibited substance," 205.400(f)(1) (emphasis added). The court of appeals also concluded that the district court erred in failing to separately analyze or discuss the Johnsons' claims that were not based on trespass or on 7 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. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 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. Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. 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. WebPaynesville Farmers Union | Case Brief for Law Students Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. 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. Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. A10-1596, A10-2135 (July In other words, the Johnsons did not market soybeans harvested from this field as organic for an additional 3 years. 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. Defendants pesticide drifted and contaminated plaintiffs Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. The MDA also reported that the chemicals diflufenzopyr and glyphosate were not present. 7 U.S.C. 6511(c)(2)(A) (prohibiting the sale of a product as organic if, upon inspection, it is determined that pesticide or nonorganic residue is present as a result of intentional application of a prohibited substance). Generally, both trespass and nuisance have a 6year statute of limitations. 7 C.F.R. We recognize that we expressly distinguished Borland and Bradley in our discussion in Wendinger and characterized them as examples of cases in which other jurisdictions, unlike Minnesota, had recognized trespass actions by particulate matter. 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. at 391. 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. 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. Whether the Johnsons have alleged a viable claim for trespass is a question of law that we review de novo. And the defendant's entry must be done by means of some physical, tangible agency in order to constitute a trespass. The gist of the tort of trespass, however, is the intentional interference with rights of exclusive possession. Dan B. Dobbs, The Law of Torts 50 at 95 (2000); see also Martin v. Smith, 214 Minn. 9, 12, 7 N.W.2d 481, 482 (1942) (The gist of the action of trespass is the breaking and entering of the plaintiff's close.). 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. at 387. The Johnsons sued the Cooperative on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. 31.925 (2010) (adopting the federal Organic Foods Production Act of 1990, 7 U.S.C. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Pages 9. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 312, 19 N.W.2d 726, 73435 (1945). In Johnson v. Paynesville Farmers Union Cooperative Oil Co., an organic farmer sued a member-owned farm products and services cooperative on claims including trespass, nuisance, and negligence after pesticide sprayed on conventional farm fields drifted onto the farmer's organic fields. When we read the phrase applied to it in 7 C.F.R. See Ryan v. Hennepin Cnty., 224 Minn. 444, 448, 29 N.W.2d 385, 387 (1947) ( Injunctive relief is a remedy and not, in itself, a cause of action, and a cause of action must exist before injunctive relief may be granted. (citation omitted)). But any such directive was inconsistent with the plain language of 7 C.F.R. First, the language of section 205.202(b) is silent with respect to who applied the prohibited substances. Johnson, 802 N.W.2d at 38889. Case opinion for MN Court of Appeals Oluf Johnson, et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent.. et al., Appellants, v. Paynesville Farmers Union Cooperative Oil Company, Respondent. To the extent that the Johnsons' proposed amended complaint includes such claims, the district court properly denied the Johnsons' motion to amend. The district court inferred too much from the regulation. 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. 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. For example, producers must prepare a plan for the operation of their farms in order to obtain certification to sell their products as organic. Paynesville Farmers Union Cooperative Oil Company, Appellant. The district court denied the Johnsons' motion to amend their complaint to include claims based on the 2008 incidents because amendment would be futile. This ruling was based on the court's conclusions that Minnesota does not recognize a claim for trespass by particulate matter and that the Johnsons could not prove any negligence per se or nuisance damages based on 7 C.F.R. STAR Ctrs., Inc. v. Faegre & Benson, L.L.P., 644 N.W.2d 72, 77 (Minn.2002). 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.). Remanded. The court of appeals reversed. This Court evaluated the issue by discussing the nature and purpose oftrespasslaw which is to prevent the intentional interference with rights of exclusive possession. And similarly, the Washington Supreme Court held in Bradley v. American Smelting and Refining Co. that arsenic and cadmium particles emitted from a smelting plant and landing on the plaintiffs' land could also constitute a trespass. We review the district court's decision whether to grant an injunction for abuse of discretion. 5 were here. 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. Minnesota Attorney Generals Office . The errant dispersion of pesticides, which contain chemicals designed to affect the land, can interfere with possession. Domagala v. Rolland, 805 N.W.2d 14, 22 (Minn.2011). Defendants pesticide drifted and contaminated plaintiffs organic fields. 6511(c)(2). Of Elec. And while wafting odors will not affect the composition of the land, a liquid chemical pesticide or herbicide being sprayed for agricultural purposes will; by design, it descends and clings to soil or plants, killing organisms. This Case for law Students Citation817 N.W.2d 693 ( 2012 ) Respondents, v. Paynesville Union... 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