[Market-farming] Pesticide Drift = Tresspass

William H Shoemaker wshoemak at illinois.edu
Thu Aug 4 10:32:05 EDT 2011


Because the railroads are largely governed by federal laws as they conduct
interstate commerce, municipal laws and ordinances may not prevail. I'd be
vey pro-active about working with your municipality to engage the state and
its EPA to negotiate appropriate choice of weed control options in the
right-of-way. 

The railroads and their contractors love to use phenoxy herbicides (2,4-D,
dicamba and other, more threatening forms) because they are so effective.
They may also use synergists which enhance herbicide activity. These are
extremely volatile herbicides which can carry on breezes for miles
sometimes. Hot conditions make them even more volatile. If they can be
convinced to use non-volatile herbicides which kill on contact (Rely,
Gramoxone) in tank-mixes with residuals that prevent germination of new weed
seeds, they may be able to accomplish their goals without impacting yours.
But there is no law where there is no enforcement.

Bill
William H. Shoemaker
Sr. Research Specialist, Food Crops
University of Illinois - Crop Sciences
St Charles Horticulture Research Center
535 Randall Road, St Charles, IL, 60174
630-584-7254, FAX-584-4610 
wshoemak at illinois.edu

-----Original Message-----
From: market-farming-bounces at lists.ibiblio.org
[mailto:market-farming-bounces at lists.ibiblio.org] On Behalf Of Etienne Goyer
Sent: Thursday, August 04, 2011 8:34 AM
To: market-farming at lists.ibiblio.org
Subject: Re: [Market-farming] Pesticide Drift = Tresspass

It is funny that the topic is coming up today.  My land is bordered on
the North by a railway, and there's a debate raging as the rail operator
is planning on spraying fairly strong doses of broad-spectrum herbicide
the clear the rail.  The potential for drift on my crop is very real,
and this could compromise my (eventual) organic certification, and
perhaps even contaminate the ground water source I was planning on using
for irrigation.

So far, it seems very likely that the spraying will be blocked by
municipal bylaws, but we never know if/when the question will pop back.


On 11-08-04 09:28 AM, William H Shoemaker wrote:
> Thanks for sharing that Richard. Its encouraging, but we have a long way
> to go before pesticide drift will be properly addressed by law. Perhaps
> this is a step in the right direction.
> 
>  
> 
> Bill
> 
> William H. Shoemaker
> 
> Sr. Research Specialist, Food Crops
> 
> University of Illinois - Crop Sciences
> 
> St Charles Horticulture Research Center
> 
> 535 Randall Road , St Charles , IL , 60174
> 
> 630-584-7254, FAX-584-4610
> 
> wshoemak at illinois.edu <mailto:wshoemak at illinois.edu>
> 
> *From: * market-farming-bounces at lists.ibiblio.org
> [mailto:market-farming-bounces at lists.ibiblio.org] *On Behalf Of *Richard
> Stewart
> *Sent:* Thursday, August 04, 2011 8:08 AM
> *To:* Market Farming
> *Subject:* [Market-farming] Pesticide Drift = Tresspass
> 
>  
> 
> Found this interesting tid-bit posted today on the Ag Law website.  I
> look at this as a possible inroad leading to GMO drift laws.
> 
>  
> 
> http://aglaw.blogspot.com/2011/08/trespass-claim-for-pesticide-drift.html
> 
>  
> 
> Richard Stewart
> 
> Carriage House Farm
> 
> North Bend , Ohio
> 
>  
> 
> An Ohio Century Farm Est. 1855
> 
>  
> 
> (513) 967-1106
> 
> http://www.carriagehousefarmllc.com
> 
> rstewart at zoomtown.com <mailto:rstewart at zoomtown.com>
> 
>  
> 
> 
> 
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