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…).
This is how the rule of law is supposed to work.