Securing recompense under nuisance law for crop damages from pesticide applications

In areas where several crops are grown or where organic practices have been adopted, conflicts may arise due to the use of pesticides. Accompanying the use of specialized pesticides for individualized crops are possibilities that spray applications or volatilization will result in airborne pesticide particulates damaging nontarget crops. American jurisprudence provides several major causes of action that may be used to secure recompense for damages to crops from applications of pesticides. However, defenses and limitations for each of these causes of action create impediments that make recovery difficult. An evaluation of nuisance law discloses that defenses often preclude recoveries for damages to nontarget crops from airborne pesticide particulates. Policy makers may want to evaluate the defenses due to their interference with property rights. The defenses may discourage changes in crop production resulting in suboptimal uses of resources.

► Due to different crops and cropping practices, conflicts arise from pesticide usage. ► Drifting or volatilizing pesticides is carried onto nearby properties. ► Nuisance law may provide a remedy for damages from pesticide drift and volatilization. ► Right-to-farm laws may preclude damages caused by pesticide particulates. ► Reconsider laws interfering with collecting damages from airborne pesticide particulates.