[Market-farming] Pesticide Drift = Tresspass

Etienne Goyer etienne.goyer at outlands.ca
Thu Aug 4 10:41:28 EDT 2011

On 11-08-04 10:32 AM, William H Shoemaker wrote:
> 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. 

I am in Canada, there's no equivalent to interstate commerce.  That
being said, this is a very good question indeed: who's juridiction is
this?  Canadian railroads used to be a federal juridiction, but I am not
sure whether this prevail over municipal bylaws or not.  Guess I will
need to talk to a lawyer (if the spraying actually materialize, that is).

> 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.

Very good information that is.  Thanks, Mr. Shoemaker!  :)

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