ABSTRACT
The comprehensive domestic law that governs a range of issues associated with the sale, distribution and use of pesticides, there are several other US laws that, while not specifically geared toward pesticides, address certain ecological risks associated with them. These include the Plant Protection Act, the Clean Water Act, the Endangered Species Act, the Migratory Bird Treaty Act, and the Organic Food Production Act. As potential harmful substances that are released into the environment, pesticides can cause harm to third parties actionable under common law torts. The use of state tort common law to address harm from pesticide use dates back to the early half of the twentieth century. The courts in these cases have not been asked to address harm to non-commercial natural resources, and thus they have not had to engage in any real ecological assessment.
