We consider each of these issues in turn. They asserted that they had to remove some fields from production. WebCase 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 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 [. Section 205.671 addresses the disqualifying level for unavoidable residual environmental contamination referenced in section 6511 of the OFPA. Rather, this section governs an organic producer's intentional application of prohibited substances onto fields from which organic products will be harvested .15. To prove a negligence claim, the plaintiff must show that the defendant breached a duty of care that proximately caused the plaintiff damage. 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). 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). Remanded. 205.400(f)(1). at 550. Id. WebLeesburg Farmers Market. 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. . Johnson v. Paynesville Farmers Union Coop. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 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.). 104 Wash.2d 677, 709 P.2d 782, 786-90 (1985). 6507(b)(1). 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. 205.200 (2012) (The producer or handler must comply with the applicable provisions); 7 C.F.R. The Johnsons urge us, however, to construe the phrase applied to it to include actions of third parties, such as the pesticide drift that resulted from the Cooperative's spraying activity at issue here. Highview, 323 N.W.2d at 70. Greenwood v. Evergreen Mines Co., 220 Minn. 296, 31112, 19 N.W.2d 726, 73435 (1945) (water); Whittaker v. Stangvick, 100 Minn. 386, 391, 111 N.W. But interpreting the regulation to allow for an automatic under-five-percent safe harbor for drift ignores this additional, more specific commentary: We do not speculate as to the Johnsons' damages, but we hold that the district court erroneously rejected their claims for lack of damages on the ground that, by virtue of there having been no finding of five-percent contamination, no damages could be proven. See Markham v. Cabell, 326 U.S. 404, 409, 66 S.Ct. You already receive all suggested Justia Opinion Summary Newsletters. Id. Before discussing the factual background of this case, it is helpful to briefly summarize the organic farming regulations at issue. Producers also must keep records for 5 years concerning the production of agricultural products sold as organically produced. 7 U.S.C. See 7 U.S.C. He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. 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. . Under the plain language of 7 C.F.R. Because the Cooperative was not, and could not be, the proximate cause of the Johnsons' damage, we hold that the district court properly granted summary judgment to the Cooperative on the Johnsons' nuisance and negligence per se claims based on section 205 .202(b). 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. The court holds that Minnesota does not recognize claims for trespass by particulate matter. 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. The district court consequently denied the Johnsons' request for permanent injunctive relief. 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. We considered but rejected the theory that the fumes were the kind of physical intrusion onto property that could support a trespass claim, even though, scientifically speaking, odorous elements within fumes are indeed physical substances, which we referred to as merely "particulate matter." 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. 205.202(b), unambiguously means that the organic farmer intentionally applied the prohibited substance to the field. 2003), review denied (Minn. Aug. 5, 2003). Among numerous other requirements, the NOP provides that land from which crops are intended to be sold as organic must [h]ave had no prohibited substances applied to it for a period of 3 years immediately preceding harvest of the crop. 7 C.F.R. JOHNSON v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY Supreme Court of Minnesota. Oluf JOHNSON, et al., Respondents, v. PAYNESVILLE FARMERS UNION COOPERATIVE OIL COMPANY, Appellant. Nos. A101596, A102135. Prot. 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.). Haley v. Forcelle, 669 N.W.2d 48, 55 (Minn.App. at 297 (holding that shotgun pellets that landed on the plaintiff's property could constitute a trespass).7. The MDA investigated and again cited the cooperative for illegally spraying, and the Johnsons again took the affected fields out of organic production for three years. This is because the interference with possessory rights and interference with use and enjoyment rights are different. 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. We have not specifically considered the question of whether particulate matter can result in a trespass. 205.202(b). 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. WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. Thereafter, the Johnsons sued the Cooperative, on theories including trespass, nuisance, and negligence per se and sought damages and injunctive relief. The Johnsons appeal. The Environmental Protection Agency defines particulate matter as a complex mixture of extremely small particles and liquid droplets made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. United States Envtl. WebCase Nos. 205.100, .102 (describing which products can carry the organic label). Appeal from the District Court, Stearns County, Kris Davick-Halfen, J. Arlo H. Vande Vegte, Arlo H. Vande Vegte, P.A., Plymouth, MN, for appellants. Instead of focusing on the intangible nature of pesticide drift, the court of appeals focused on the harm caused by it, stating that pesticide drift will affect the composition of the land. Id. 205.671confirm this interpretation. And both those cases and this one, unlike Wendinger, involve a substantive invasion in which the deposited thing not merely vaporous and dissipating odors are the source of the injury arising out of the alleged trespass. Johnson, 802 N.W.2d at 390. 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. A101596 Decided: July 25, 2011 but we think the district court read too much into our specific wording in 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). 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. 295 (1907)). See Borland, 369 So.2d at 527 (noting, the same conduct on the part of a defendant may, and often does, result in the actionable invasion of exclusive possession of the property and use and enjoyment). Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. 18B.07, subd. ] The court concludes that this regulation does not apply to the alleged conduct here because a pesticide is not applied to a farm if its presence is caused by drift, as opposed to being directly applied by the organic farmer. Rosenberg v. Heritage Renovations, LLC, 685 N.W.2d 320, 332 (Minn.2004). 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. Under these guidelines, if a prohibited substance is detected on a product sold or labeled as organic, the certifying agent must conduct an investigation to determine whether there has been a violation of the federal requirements. On July 3, 2008, the Johnsons reported another incident of alleged contamination to the MDA. A party may amend a responsive pleading that has been served if that party has leave of the court, and leave "shall be freely given when justice so requires." Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. 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 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. Finally, because trespass is an intentional tort, reasonableness on the part of the defendant is not a defense to trespass liability. 442 (1917) (noting that when the meaning of a statute is plain the sole function of the courts is to enforce it according to its terms). The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. Highview, 323 N.W.2d at 73. address. 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). Respondents Oluf and Debra Johnson (Johnsons) were organic farmers. Id. 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. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). They alleged that the drift has caused "substantial inconveniences" because they are required to report the contamination and it affects their crop rotations, organic-farm planning, and record keeping. We hold that it can. In other words, in order for products to be sold as organic, the organic farmer must not have applied prohibited substances to the field from which the product was harvested for a period of 3 years preceding the harvest.13. The court of appeals reversed. The MDA found that the cooperative repeatedly applied pesticide on windy days. 6511and the corresponding NOP regulation7 C.F.R. Oil Co. Case below, 817 N.W.2d 693. P. 15.01. 445 Minnesota Street, Suite 1400 . 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. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. PLST. Drifted particles did not affect plaintiffs possession of the land. 205.201(a) (2012) (The producer or handler must develop an organic production or handling system plan); 7 C.F.R. Johnson again contacted the MDA, and after investigating the MDA required Johnson to plow under a 175-foot wide strip of soybeans running the entire length of his field. As to the trespass claim, the court of appeals concluded that the district court read too much into Wendinger. 13, at 71. The cooperative oversprayed adjacent fields again in 2005 and the Johnsons again contacted the MDA. 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. 11 For a similar case see Flansburgh v. We normally presume that, where words differ as they differ here, Congress acts intentionally and purposely in the disparate inclusion or exclusion. (citation omitted) (internal quotation marks omitted)). 205.202(b). Id. WebPaynesville Farmers Union Cooperative Oil Company :: Supreme Court of the United States :: Administrative Proceeding No. Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn.App. Oil Co. Johnson v. Paynesville Farmers Union Coop. Finally, they allege that Oluf Johnson suffers from cotton mouth, swollen throat and headaches when exposed to pesticide drift. The Johnsons' remedy for the certifying agent's error was an appeal of that determination because it was inconsistent with the OFPA. denied (Minn. Aug. 5, 2003); Fagerlie v. City of Willmar, 435 N.W.2d 641, 643, 644 n. 2 (Minn.App.1989) (concluding that claims based upon the emission of offensive odors are nuisance claims, not trespass claims, because the claims alleged interference with [plaintiffs'] use and enjoyment of their land, not invasion of their exclusive possession). 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. 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. Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. 65016523 (2006) (OFPA), and the associated federal regulations in the National Organic Program, 7 C.F.R. They asserted separately that some of the chemicals, presumably fertilizers, enhanced weed growth. WebPDF State of Minnesota Supreme Court 20-72 IN THE Supreme Court of the United States _____ JANET L. HIMSEL, ET AL., Petitioners, v. 4/9 LIVESTOCK, LLC, ET AL., Respondents. Webjohnson v paynesville farmers union case briefround nesting side tables set 29 grudnia 2021 / nonna biscotti costco / w union jack pub menu speedway in / Autor Schroedl, 616 N.W.2d 273, 277 (Minn. 2000). Webipad 6th gen silver 32gb with case $160 (wdc > Ashburn) 2.8mi hide this posting restore restore this posting. 2003), review denied (Minn. Nov. 25, 2003). Johnson sold his herbicide-tainted crops at lower, nonorganic prices and, as required by federal regulation, removed the tainted field from organic production for three years. These findings were based exclusively on the predicate findings that the Johnsons failed to allege damages. 205.202(b). 6501- 6523, and the associated federal regulations in NOP, 7 C.F.R. When people or tangible objects enter the plaintiff's land without permission, these entries disturb the landowner's right to exclusively possess her land. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We have recognized nuisance claims when a plaintiff can show that the defendant's conduct caused an interference with the use or enjoyment of the plaintiff's property. 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. Oluf Johnson posted signs at the farm's perimeter indicating that it was chemical free, maintained a buffer zone between his organic fields and his chemical-using neighbors' farms, and implemented a detailed crop-rotation plan. Intro to Legal Research. 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 the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. The Johnsons' claim is one for nuisance, not trespass. The court looked outside Minnesota to support the holding it reached.8 Id. 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. Moreover, it is not necessary for us to depart from our traditional understanding of trespass because other causes of actionnuisance and negligenceprovide remedies for the type of behavior at issue in this case. The plain language of the phraseAny field or farm parcel must: (b) Have had no prohibited substances applied to itindicates that the concern is what the land in question was exposed to, not how it was exposed, why it was exposed, or who caused the exposure. Under that settlement, the cooperative paid damages and agreed to give the Johnsons 24 hours' notice before it sprayed in any adjacent field. See H. Christiansen & Sons, Inc. v. City of Duluth, 225 Minn. 475, 480, 31 N.W.2d 270, 27374 (1948). Prot. 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. And we reverse the denial of the Johnsons' motion to amend their complaint and of their request for a permanent injunction because both denials were based on the same mistaken legal conclusions. Section 205.202(c) provides that any field from which crops are intended to be sold as organic must have distinct boundaries and buffer zones to prevent unintended application of a prohibited substance. Section 205.400 details the requirements that a producer must meet in order to gain organic certification. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. 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. 6511(c)(1). The use of different words in the two provisions supports the conclusion that the sections address different behavior. After receiving these test results, the Johnsons took the affected alfalfa field out of organic production for an additional 3 years. 205.400(f)(1). However, this burden on property owner is inconsistent with the purpose oftrespasslaw which is to protect the unconditional right of property owners even when no damages are provable. Johnson v. Paynesville Farmers Union Coop. Agency, http://www .epa.gov/pm/ (last updated June 28, 2012). 205.202(c) and 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. Some particles are sufficiently large or dark to be observable, such as dust, dirt, soot, or smoke. United States Envtl. See 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. 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. For the purposes of this appeal from summary judgment, we assume the following facts, which we perceive to be either undisputed or the reasonable inferences of disputed facts construed in the light most favorable to the Johnsons as the nonmoving parties. Copyright 2023, Thomson Reuters. He was also told by the state's organic certifying agent that if any pesticide residue was detected, he must take the field out of organic production for three years. 6511(c)(2). Johnson v. Paynesville Farmers Union Cooperative Oil Co Case Brief Summary | Law Case Explained Quimbee 37.2K subscribers Subscribe 2 Share 167 709 P.2d at 784, 790. Bd. Minnesota Attorney Generals Office . E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). 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. 205.202(b), fail as a matter of law, we reverse the court of appeals' reinstatement of those claims. See 7 C.F.R. Minn.Stat. 205.202(b). Ins. 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)). Minn.Stat. The Johnsons also supported their nuisance and negligence per se claims with allegations separate from the damages that they contend were caused due to the OCIA's interpretation of section 205.202(b). But because the district court failed to consider whether the Johnsons' non trespass claims that were not based on 7 C.F.R. Respondents Oluf and Debra Johnson (Johnsons) are organic farmers. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). 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. Rather, when we interpret a rule, we consult the language itself, the specific context in which that language is used, and the broader context of the [rule] as a whole. Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. 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