May 06, 2006

The Vermont legislature passed a law making seed manufacturers strictly liable on a nuisance theory if farmers allow genetically modified seeds to enter others' property. Aside from the incentive for collusion to fake dispersal, the bill would have essentially made it uneconomical to sell such products in Vermont. (AP/Boston Globe, May 5 (via Steenson)). Having lost in the legislature, don't be surprised if lawyers attempt to achieve the same result in the courts—and cases like the Rhode Island lead paint nuisance verdict make that not entirely implausible.