Court rules organic farmers can sue conventional, GMO farmers whose pesticides 'trespass' and contaminate their fields

Wednesday, August 03, 2011 by: Ethan A. Huff, staff writer

organic


(NaturalNews) Purveyors of conventional and genetically-modified (GM) crops -- and the pesticides and herbicides that accompany them -- are finally getting a taste of their own legal medicine. Minnesota's Star Tribune has reported that the Minnesota Court of Appeals recently ruled that a large organic farm surrounded by chemical-laden conventional farms can seek damages for lost crops, as well as lost profits, caused by the illegal trespassing of pesticides and herbicides on its property.

Oluf and Debra Johnson's 1,500-acre organic farm in Stearns County, Minn., has repeatedly been contaminated by nearby conventional and GMO farms since the couple started it in the 1990s. A local pesticide cooperative known as Paynesville Farmers Union (PFU), which is near the farm, has been cited at least four times for violating pesticide laws, and inadvertently causing damage to the Johnson's farm.

 The first time it was realized that pesticides had drifted onto the Johnson's farm in 1998, PFU apologized, but did not agree to pay for damages. As anyone with an understanding of organic practices knows, even a small bit of contamination can result in having to plow under that season's crops, forget profits, and even lose the ability to grow organic crops in the same field for at least a couple years.

The Johnson's let the first incident slide. But after the second, third, and fourth times, they decided that enough was enough. Following the second pesticide drift in 2002, the Johnson's filed a complaint with the Minnesota Agriculture Department, which eventually ruled that PFU had illegally sprayed chemicals on windy days, which led to contamination of the Johnson's organic crops.

PFU settled with the Johnson's out of court, and the Johnson's agreed to sell their tainted products as non-organics for a lower price, and pull the fields from production for three years in order to bring them back up to organic standards. But PFU's inconsiderate spraying habits continued, with numerous additional incidents occurring in 2005, 2007, and 2008, according to the Star Tribune.

After enduring much hardship, the Johnson's finally ended up suing PFU in 2009 for negligence and trespass, only to receive denial from the district court that received the case. But after appealing, the Johnson's received favor from the Appeals Court, which ruled that particulate matter, including pesticides, herbicides, and even GM particulates, that contaminates nearby fields is, in fact, considered illegal trespass, and is subject to the same laws concerning other forms of trespass.

In a similar case, a California-based organic farm recently won a $1 million lawsuit filed against a conventional farm whose pesticides spread through fog from several miles away, and contaminated its fields. Jacobs Farm / Del Cobo's entire season's herb crop had to be discarded as a result, and the court that presided over the case acknowledged and agreed that the polluters must be held responsible (http://organicfood.einnews.com/arti...).

Precedent has now been set for organic farmers to sue biotechnology companies whose GMOs contaminate their crops The stunning victories of both the Johnson's and Jacob's Farm / Del Cobo against their chemical-polluting neighbors is huge, in that it represents a new set legal precedent for holding conventional, factory farming operations responsible for the damage their systems cause to other farms.

 And with this new precedent set, many more organic farmers, for instance, can now begin suing GMO farmers for both chemical and genetic pollution that drifts onto their farms. Many NaturalNews readers will recall the numerous incidents involving lawsuits filed by Monsanto against non-GMO farms whose crops were inadvertently contaminated by GM material. In many of these cases, the defendants ended up becoming bankrupted by Monsanto, even though Monsanto's patented materials were the trespassers at fault.

Be sure to check out the extensive and very informative report compiled by the Center for Food Safety (CFS) entitled Monsanto vs. U.S. Farmers for a complete history of Monsanto's war against traditional American agriculture: http://www.centerforfoodsafety.org/...

 But it appears that the tables are now turning. Instead of Monsanto winning against organic farmers, organic farmers can now achieve victory against Monsanto. In other words, farmers being infringed upon by the drifting of GM material into their fields now have a legal leg to stand on in the pursuit of justice against Monsanto and the other biotechnology giants whose "frankencrops" are responsible for causing widespread contamination of the American food supply.

 Genetic traits are highly transmissible, whether it be through pollen transfer or seed spread, and organic and non-GMO farmers have every right to seek damages for illegal trespassing when such transmission takes place. It is expected that many more organic farms will step up and begin seeking justice and compensation for damage caused by crop chemicals, GM materials, and other harmful invaders.

For too long, Monsanto has been getting away with suing farmers whose crops have become contaminated by Monsanto's patented genetic traits and chemical materials, and winning. Thankfully, the justice system seems to now recognize the severe error in this, and is now beginning to rightfully hold polluters and trespassers responsible. Monsanto, your days are numbered. Learn more: http://www.naturalnews.com/033216_GMO_contamination_lawsuits.html#i...

Views: 58

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by Sweettina2 on August 7, 2011 at 12:24am
Awesome!
Comment by Tara on August 6, 2011 at 10:04am
Right on, this is great news! Way to go Minnesota!

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Tori Kovach commented on cheeki kea's photo
Thumbnail

You are wrong, all of you.

"BECAUSE TARIFFS WILL PUT MONEY IN YOUR POCKETS!"
1 hour ago
Tori Kovach posted photos
1 hour ago
Doc Vega posted a blog post

Whatever Happened?

Whatever Happened?  The unsung heroes will go about their dayRegardless of the welcome they've…See More
6 hours ago
Doc Vega commented on Doc Vega's blog post A Requiem for the Mass Corruption of the Federal Government
"cheeki kea Nice work! Thank you! "
7 hours ago
cheeki kea commented on Doc Vega's blog post A Requiem for the Mass Corruption of the Federal Government
"Chin up folks, once the low hanging fruit gets picked off a clearer view will reveal the higher…"
yesterday
Doc Vega's 4 blog posts were featured
yesterday
tjdavis's blog post was featured
yesterday
cheeki kea commented on cheeki kea's blog post Replicon Started in Tokyo October 08, 2024
"Your right LP it's insane for sure and hopefully improbable, keeping an open mind. Checking…"
yesterday
rlionhearted_3 commented on tjdavis's blog post Bill Gates Deleted Documentary
yesterday
rlionhearted_3 commented on tjdavis's blog post Bill Gates Deleted Documentary
"The white dude in the center is Bill Gates!!! "
yesterday
Less Prone favorited tjdavis's blog post Bill Gates Deleted Documentary
Friday
Less Prone commented on tjdavis's blog post Bill Gates Deleted Documentary
"How can this scoundrel walk free? Because he's just one of the many similar ones."
Friday
Less Prone favorited Doc Vega's blog post What Will happen When Robot Brides Replace Human Marriage?
Friday
Less Prone favorited Doc Vega's blog post This is Incredible! Trump is Already releasing Plans to Dismantle the Deep State and Purge the Corrupt Players
Friday
Less Prone commented on cheeki kea's blog post Replicon Started in Tokyo October 08, 2024
"This insane. As if there was a extra-terrestrial enemy who wants to destroy us all."
Friday
cheeki kea commented on Doc Vega's photo
Friday
cheeki kea posted a photo
Friday
Doc Vega posted a blog post

What Will happen When Robot Brides Replace Human Marriage?

 With the rapidly approaching prospect of singularity and artificial intelligence dominance taking…See More
Thursday
MAC posted a video

TRUMP ADVOCATING FOR PEACE, CABINET PICKS ADVOCATE WAR

The Trends Journal is a weekly magazine analyzing global current events forming future trends. To access our premium content, subscribe to the Trends Journal...
Thursday
Doc Vega posted a blog post

When Will the True Reparations Be Awarded?

Americans have weathered the worst storm perhaps in American history from an intentionally…See More
Wednesday

© 2024   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted