“Who was there first?”
This is a red herring. Each and every time chemical drift or chemical trespassing occurs past present or future, this is a violation. A violation with cumulative damages. It matters not the neighbor, though when human lives are involved it is self-evident the damages are magnified.
It was always the duty of the farmer, the city, the manufacturer, the pilot, the regulators, etc. to protect the innocent neighbor. They never had the right to allow their chemical to drift outside of the borders of the land, nor into the ground water. The guilty party is the city, the chemical manufacturer, the farmer, the pilot, the regulators, etc. as I see it. The appeal to tradition fallacy dictates it doesn’t matter in this context the old practices - they were wrong then, and they are the more wrong now. When they constructed a way of life or more likely big food mecha which necessitated the act of chemical trespassing, they were trespassing on day one. The neighbor doesn’t need to invoke trespassing Law for a trespass to have occurred.
The effects being cumulative, this is a trespass which can be invoked in retrospect, though again invoking rights is not needed for a trespass to have occurred. This and these are my opinions which are shared by many. If a city is located next to a gun range or golf course, nobody asks questions when damages are collected by victims. This, however, is comparing apples to oranges. There is no projectile to be found here, but the damages we all know are very real. How much more the damages of human lives? Incalculable. Only liars have determined at this point there is no smoking gun, and liars they are.
It is unfortunate so many failures at so many levels of protection by definition had to have occurred to completely ignore the victims - past, present, and future. But failures they were, are, and will be with each and every violation, while a victim is by definition not the liable party. If you break a cow’s legs and then ask it to walk, this is insanity. If you douse a person or populace with an agent known or to be known to cause complacency or depression as one of many physiological effects. If you sell a house to someone without letting them know in bold letters that they will smell this agent upon application and inevitable drift, and by definition that smelling is exposure. If you do not protect the victims at every level of duty, you are woefully at fault. A victim is by definition not the liable party. It is the duty of more than only the victim to guard and protect at all levels.
Trespassers at each and every level are not the victims here, except perhaps in the limited scope of finding out who was responsible for mixing the red and black ants in the first place, and who is responsible for allowing the continuation of this wrong, which is not to be construed as taking away from the damages of the innocent victims. This is self-evident. If a gun range is pointed into town, it is a duty to turn the gun range the other way. If a golf course, it is a duty to put up the proper fencing. If the guilty party still causes harm, it is both the guilty party’s duty and the duty of the regulators to make it right, though liabilities are not limited in this context. Proper remedy is not only in paying the fines. Proper remedy is to cease and desist, especially as in the case of human life, incalculable.
It is not substantive for the judiciary to fail to understand who the liable parties are, were, and will be. They are all liable. What is substantive is for the judiciary to weigh and measure the proper proportions of each party’s level of negligence; and negligence it is, beyond a shadow of doubt. I hear that whistleblowers will be forgiven…
It is not good enough to place the heavy burden of proof on victims of an invisible substance. The collective knows the truth of this also, while there is no need to pretend otherwise given the large body of evidence beside common sense.
It would be a great start for the damages to simply stop, right now, today. This is self-evident.
Oh and yes, it’s also in your food. Pretend not about the half-life of forever chemicals. What did I say before and will say again ad nauseam? Incalculable damages.
