In January 2019, three Colorado aerial applicators made the bold decision to fight alleged drift cases brought against them, knowing the claims had no basis in fact or science. After over a year of litigation, a final court order was issued Wednesday clearing the applicators of all wrongdoing. 

Represented by attorney John Wright, applicators could have saved themselves a lot of time and money by simply paying a $1,000 fine. However, the cases brought against them were clearly a witch-hunt by the Colorado Attorney General’s office.

Prosecutors claimed the applicators did things that were scientifically impossible, such as drifting upwind and having two products mixed in the aircraft (lamda-cyhalothrin and chlorpyrifos) somehow unmix in the air before drifting.

Even more egregious, one case was from 2012 and the other two from 2014. Claims were filed against the applicators at the time and evidence was collected, but the applicators did not know this until years later, long after they could collect meaningful evidence on behalf of themselves. Thankfully meticulous record keeping aided in the claims being dismissed. As a result of this, legislation is being considered in Colorado to ensure applicators are informed of claims against them in a timely manner.

The judges in the decision cited the applicator’s professionalism, specifically noting participation in Operation S.A.F.E. Fly-ins.

John Wright, the attorney who represented the three applicators, is contracted with NAAA as part of the association’s legal services program for members. Under the agreement, 2020 operator and pilot members are eligible for a legal consultation of up to one hour on federal aviation laws with Mr. Wright. Mr. Write is a commercial pilot based in Broomfield, CO. You can read more about him here.