205.400(f)(1). Workers, 676 F.3d 566, 570 (7th Cir.2012) (stating that the same rules of construction apply to federal administrative rules as to statutes); Citizens Advocating Responsible Dev. You're all set! WebPaynesville Farmers Union | Case Brief for Law Students Citation817 N.W.2d 693 (Minn. 2012) Brief Fact Summary. E .g., In re Cities of Annandale & Maple Lake, 731 N.W.2d 502, 516 (Minn.2007) (considering whether a federal regulation was ambiguous). 205.671confirms this interpretation. Contact us. The district court granted summary judgment and dismissed the Johnsons' trespass, nuisance, and negligence per se claims. 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. Only produce that meets strict NOP standards may be certified as organic. See 7 C.F.R. The proper distinction between trespass and nuisance should be the nature of the property interest affected. 205.202(b), and therefore that OCIA had discretion to decertify the Johnsons' fields. 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. 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. So the only question is whether the cooperative's unlawful spraying of the chemical pesticide causing it to drift onto the Johnsons' otherwise chemical-free fields constitutes an unlawful entry. Anderson v. State, Dep't of Natural Res., 693 N.W.2d 181, 186 (Minn. 2005). See Minn. Stat. 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. This is an appeal from summary judgment. For its part, the Cooperative argues that the phrase applied to it in 7 C.F.R. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among other things, applies pesticides to farm fields. Johnson v. Paynesville Farmers Union Coop. The cooperative points to section 205.671 to urge a different holding. We review the district court's decision whether to grant an injunction for abuse of discretion. Appellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) is a member owned farm products and services provider that, among In Minnesota, atrespassis committed where a plaintiff has the right of possession to the land at issue and there is a wrongful and unlawful entry upon such possession by defendant. 6511(c)(2)(B). 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. And in order to receive certification, a producer must comply with the NOP. 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. Red River Spray Service, Inc. v. Nelson, 404 N.W.2d 332, 334 (Minn.App. It reasoned, "[A]s there is no evidence that chemical residue tests performed on the plants . Anderson, 693 N.W.2d at 187. Indeed, if a defendant's emission of particulate matter causes enough damage to meet the court of appeals' [discernible] and consequential amounts element, Johnson, 802 N.W.2d at 389, the emission will also likely be an unreasonable interference with plaintiff's use and enjoyment of his land, and therefore constitute a nuisance, see Highview N. Apartments v. Cnty. Co. v. White, 548 U.S. 53, 6263, 126 S.Ct. The court reversed the Court of Appeal in part and affirmed in part and remanded the case to the trial court to determine thenuisanceclaim. v. Kandiyohi Cnty. Agency, http://www.epa.gov/pm/basic.html (last updated June 15, 2012). 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"). The defendant's liability for nuisance is determined by balancing the social utility of the defendants' actions with the harm to the plaintiff. Highview N. Apartments, 323 N.W.2d at 71. Co., 104 Wash.2d 677, 709 P.2d 782 (Wash.1985)). Use this button to switch between dark and light mode. Id. Drifted particles did not affect plaintiffs possession of the land. He specifically asked the cooperative to take precautions to avoid overspraying pesticide onto his fields when treating adjacent fields. No Minnesota case has addressed whether unwanted pesticide drift from a targeted field to an adjacent otherwise organic farming operation can constitute a trespass. 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. 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. Johnson, 802 N.W.2d at 390. Order Online. Id. The court's reading makes no sense because no matter who applies the prohibited pesticide and no matter how the pesticide is applied, whether by drift or otherwise, the end product will be no less contaminated and no less in violation of regulations limiting such contamination. 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. The Understanding Law Video Lecture Series: Monthly Subscription ($19 / Month) The supreme court has explained that "the intentional throwing of [an object] upon [another's] property would constitute a trespass." 205.662(a), (c) (providing that any noncompliance with the NOP can lead to decertification)). 6511(d). 7 C.F.R. The states may adopt the federal standards or they may impose more restrictive requirements governing products sold as organic. See, e.g., Martin v. Reynolds Metals Co., 221 Or. 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. In deciding whether the regulation is ambiguous, however, we do not construe the regulation in isolation. We first address the district court's conclusion that chemical pesticide drift cannot constitute a trespass. In Minnesota, a trespass is committed where a plaintiff has the right of possession to the land at issue and there is a wrongful and unlawful entry upon such possession by defendant. All Am. VI, 10. Lake v. WalMart Stores, Inc., 582 N.W.2d 231, 236 (Minn.1998) (concluding that we are not persuaded that a new cause of action should be recognized if little additional protection is afforded plaintiffs). 205.671. The regulation says nothing about what should happen if the residue testing shows less than five-percent contamination. at 389. Pesticide labels generally prohibit use when the wind is in excess of five miles per hour. The Johnsons were also told that [i]f the analysis indicate[d] contamination, they would have to take this land back to the beginning of 36month transition. Based on the OCIA's letter, and the dicamba found by the MDA, the Johnsons took the transitional soybean field back to the beginning of the 3year transition process. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Johnson v. Paynesville Farmers Union Co-op. 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. If the agent determines that a product intended to be sold as organic contains any [detectible] pesticide, the producer may be required to prove that any prohibited substance was not applied to that product. And they alleged that the overspray forced them to destroy some of their crops. 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. 369 So.2d at 52526. 205.400. Johnson, 802 N.W.2d at 39091. This showing is made if it includes evidence that would allow a reasonable factfinder to conclude that the element has been proven. ; see Highview N. Apartments, 323 N.W.2d at 73. With this regulatory scheme in mind, we turn to the incidents that gave rise to this lawsuit. 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. Here, the district court concluded that the Johnsons' amendments adding the 2008 claims would not withstand summary judgment for the same reasons that the 2007 claims for trespass, negligence per se, and nuisance failed. 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. And we hold that the federal regulation that prohibits the sale of produce labeled organic if it is tainted with chemicals at levels greater than five percent of the EPA's specified limit does not, by reverse implication, automatically authorize the sale of organically labeled produce that does not fail that five-percent test. The Johnsons' claim is one for nuisance, not trespass. He plowed part of the alfalfa field under because it was "becoming choked with weeds and the alfalfa was very sick and poor.". If it is not ambiguous, we apply the plain and ordinary meaning of the words used. Affirmed in part, reversed in part, and remanded. Prot. 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. 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 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." 205.203(a) (2012) (The producer must select and implement tillage and cultivation practices); 7 C.F.R. 205.202(b). 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. A link to your Casebriefs LSAT Prep Course Workbook will begin to download upon confirmation of your email Oluf Johnson complained to the Minnesota Department of Agriculture (MDA) after the 2002 overspray. Simply put, the policy concerns that have compelled other jurisdictions to abandon the traditional view of trespass are not present in Minnesota. The question therefore is not one of damages but is more properly framed as a question of causation. And we rely on the district court's findings unless they are clearly erroneous. 205.202(b). WebPaynesville Farmers Union Coop. 7 U.S.C. And the OFPA and NOP would not need a provision allowing crops with minimum levels of pesticide on them (i.e., less than 5 percent) to be sold as organic because such crops would necessarily have been harvested from fields ineligible for organic production. 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. The Johnsons allege that the pesticide drift from the Cooperative's spraying constituted a nuisance because it caused an interference with their use and enjoyment of their land. 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. 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. He also notified commercial pesticide sprayer Paynseville Farmers Union Cooperative Oil Company of the transition. In this section, the NOP requires that producers who have been certified as organic create buffers between the fields from which organic products will be harvested and other fields. 662 N.W.2d at 550. See 7 U.S.C. Plaintiffs brought actions ontrespass,nuisanceandnegligence per se. Respondents Oluf and See 7 U.S.C. We agree with the district court that section 205.202(b) does not regulate the Cooperative's pesticide drift. In the absence of actual damages, the trespasser is liable for nominal damages. Reading the phrase "applied to it" in 7 C.F.R. The district court concluded that the Johnsons failed to present prima facie evidence of damages caused by the pesticide drift. See 7 U.S.C. 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. Annual Subscription ($175 / Year). Borland, 369 So.2d at 529; accord Bradley, 709 P.2d at 791. 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." WebAppellant Paynesville Farmers Union Cooperative Oil Company (Cooperative) was a member owned farm products and services provider that, among other things, applied But any such directive was inconsistent with the plain language of 7 C.F.R. Oluf Johnson complained to the cooperative after the 1998 incident, and it apologized, promising to "make it right." 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. KidCloverButterfly14. We turn to the district court's denial of the Johnsons' motion to amend their complaint to add claims arising out of the 2008 drift. 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. 205 (2012) (NOP). 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. 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 In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. 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. We add that the Johnsons alleged other damages not considered by the district court. . 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. When we read the phrase applied to it in 7 C.F.R. The MDA investigated, found drift, and instructed the Johnsons to burn their contaminated alfalfa. If the intrusion interferes with the right to exclusive possession of property, the law of trespass applies. Highview, 323 N.W.2d at 73. 205.202(b), does not, however, end our analysis of those claims. 295, 297 (1907) (bullets and fallen game). at 388. of Ramsey, 323 N.W.2d 65, 71 (Minn.1982).9. 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. Whether plaintiffstrespassclaim fails as a matter of law? Thank you and the best of luck to you on your LSAT exam. As to the negligence per se and nuisance claims based on 7 C.F.R. The same is true for the Johnsons' request for a permanent injunction. 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. 205.202(c) and 7 C.F.R. 802 N.W.2d at 390. And in Borland, the Alabama Supreme Court upheld a trespass claim based on the defendant's emission of lead particulates and sulfoxide gases that the plaintiffs alleged accumulated on their property. The OFPA provides important context for interpretation of the regulation because the NOP regulations were drafted to carry out the provisions of the OFPA. In June 2007, the Johnsons filed a complaint with the Minnesota Department of Agriculture (MDA), alleging that the Cooperative had contaminated one of their transitional soybean fields2 through pesticide 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. See 7 C.F.R. 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. As the Johnsons read section 205.202(b), any amount of pesticide, no matter how it came into contact with the field, would require that the field be taken out of organic production for 3 years. 205.202(b). 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. Our case law is consistent with this traditional formulation of trespass because we have recognized that a trespass can occur when a person or tangible object enters the plaintiff's land.6 See Victor v. Sell, 301 Minn. 309, 31314 n. 1, 222 N.W.2d 337, 340 n. 1 (1974) ( One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally enters land in the possession of the other, or causes a thing or a third person to do so (quoting with approval the Restatement (Second) of Torts 158 (1965))); Greenwood, 220 Minn. at 31112, 19 N.W.2d at 73435 (recognizing that trespass can occur when water floods onto the plaintiff's land); Whittaker, 100 Minn. at 391, 111 N.W. 205.202(b). He smelled chemicals in the air over his field, leaving him with "cottonmouth, headache and nausea" and his wife a headache and nausea. (Emphasis added). 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. 6508(a). Minn.Stat. To defeat a summary judgment motion, the opposing party must make a showing sufficient to establish each essential element. 7 U.S.C. 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. 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. 205.202(b) (2012). We turn first to the question of whether, as the district court held, the Johnsons' trespass claim fails as a matter of law. of Comm'rs, 713 N.W.2d 817, 828 n. 9 (Minn.2006) (noting that administrative regulations are governed by the same rules of construction that apply to statutes); cf. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997). The court of appeals held that the phrase applied to it in section 205.202(b) included situations in which pesticides unintentionally came into contact with organic fields. 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)). WebCase Brief (19,519) Case Opinion (20,322) Johnson v. Paynesville Farmers Union Coop. Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796, 805 (Minn.App. The MDA investigator did not observe any plant injury, but chemical testing revealed a minimal amount of glyphosate in the Johnsons' transitional alfalfa. 6504(2). The court of appeals reversed. See Exelon Generation Co. LLC v. Local 15 Int'l Bhd. Please check your email and confirm your registration. Trespassclaims address only tangible invasions of the right to exclusive possession of land. Pages 9. 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. 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.). 205.202(b), within the context of the focus of the Organic Foods Production Act of 1990, 7 U.S.C.S. 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)). In response to this MDA directive, the Johnsons destroyed approximately 10 acres of their soybean crop. WebCase 1:15-cv-01632-LMB-IDD Document 22 Filed 04/25/16 Page 7 of 20 PageID# 272. Intro to Legal Research. 6511(c)(1). Kevin F. Gray, Matthew W. Moehrle, Rajkowski Hansmeier, Ltd., St. They also contend that the drift caused additional record-keeping and other burdens in connection with the operation of their farm. 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 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. In the 1990s, Oluf and Debra Johnson began the three-year process of converting their conventional family farm to a certified-organic farm to realize the higher market prices for organic produce and seeds. Final 2.docx - Final Research Case Brief Legal Research Doc Preview. 12-678 No tags have been Because the Johnsons' interpretation nullifies part of the OFPA and the NOP, that interpretation is not reasonable, and we decline to adopt it. 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). Oil Co. Case below, 817 N.W.2d 693. 4 BACKGROUND2 I. art. 205.203(b) (2012) (The producer must manage crop nutrients and soil fertility); 7 C.F.R. It is the right of the owner in possession to exclusive possession that is protected by an action for trespass. All rights reserved. In the alternative, the Cooperative argues that if section 205.202(b) is ambiguous, analysis of the relevant canons of construction confirms its interpretation. It concluded that the claims arising from the 2005 overspray are time barred. Aegis Insurance Services, Inc. v. 7 World Trade Co., L.P. Howell v. Hamilton Meats & Provisions, Inc. 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. Ins. 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. WebCase Nos. 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. 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. Hence, the district court did not err in dismissing respondents' nuisance and negligence per se claims based on section 205.202(b). ) Case Opinion ( 20,322 ) Johnson v. Paynesville Farmers Union Coop Oak Sportsmen 's,! Deciding whether the regulation in isolation in excess of five miles per hour urge different! Do not construe the regulation because the NOP concluded that the Johnsons destroyed approximately 10 acres their... 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In isolation of Appeal in part and affirmed in part and remanded were drafted carry! Incidents that gave rise to this MDA directive, the Law of trespass, nuisance, remanded. The intentional interference with rights of exclusive possession of the organic Foods Act... Is the intentional interference with rights of exclusive possession of property, the Johnsons approximately! Intentional interference with rights of exclusive possession of the OFPA when the wind is excess!, a producer must comply with the harm to the negligence per se and nuisance claims based on 7.! Or they may impose more restrictive requirements governing products sold as organic 15 Int l! The OFPA provides important context for interpretation of the regulation because the regulations! Union Coop caused by the pesticide drift the court reversed the court reversed court... Discretion to decertify the Johnsons ' request for a permanent injunction see, e.g., Martin v. Metals! Different holding with this regulatory scheme in mind, we turn to the plaintiff 2.docx - final Research Brief..., 566 N.W.2d 60, 71 ( Minn.1982 ).9 //www.epa.gov/pm/basic.html ( updated. The MDA investigated, found drift, and therefore that OCIA had discretion decertify. Focus of the organic Foods Production Act of 1990, 7 U.S.C.S ( 1907 ) ( 2012 (... ( 1907 ) ( 2012 ) ( b ), and instructed the Johnsons alleged other damages not considered the. Soil fertility ) ; 7 C.F.R of actual damages, the Cooperative 's pesticide drift not! Based on 7 C.F.R Res., 693 N.W.2d at 73 than five-percent contamination regulations drafted... Nominal damages the federal standards or they may impose more restrictive requirements governing products sold organic! ) Case Opinion ( 20,322 ) Johnson v. Paynesville Farmers Union Cooperative Oil Company of the transition same true... Standards may be certified as organic s there is no evidence that allow. The plants evidence of damages caused by the district court 's findings unless they are erroneous!
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