Maryland Risk Management Education Podcast: Recent Episodes
Paul Goeringer
Podcast geared towards discussing crop insurance, risk management education, farm policy, and agricultural and food law issues facing Maryland agriculture. Any images you see are by Edwin Remsberg unless otherwise noted.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2023. This is a joint podcast with Ag Law in the Field.
The top legal issues discussed in the podcast are:
- Lashmet, Tiffany. General WOTUS Coverage.
- Goeringer, Paul. Supreme Court Upholds Dismissal of Prop 12 Suit. (May 24, 2023).
- Georinger, Paul, and Elizabeth Thilmany. “Do We Have Enough DEA-Registered Labs to Implement Hemp Program?” Southern Ag Today 3(45.5). November 10, 2023 .
- USDA, Transparency in Poultry Grower Contracting and Tournaments (2023).
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed:
- Concerned Citizens of West Tennessee v. USDA, No. 1:22-cv-01275 (W.D. Tenn. December 12, 2022).
- Goeringer, Paul, Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan Guarantees (Feb. 21, 2023).
- Goeringer, Paul, Group Does Not Have Standing to Challenge USDA Loan Guarantee for Poultry Farm (July 6, 2021).
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed:
- Goeringer, Paul, Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022).
In this episode, Paul discusses a recent decision in a motion to dismiss filed by Perdue Farmers in an action by a former grower claiming the grower is an employee, not an independent contractor. Materials discussed:
- Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022).
- Goeringer, Paul, Federal District Court Denies Some Arguments to Dismiss Claims Against Perdue Farms (Feb. 9, 2023).
- Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES.
- Parker v. Perdue Farms, Inc, No. 5:22-CV-00268-TES, 2022 WL 17553008 (M.D. Ga. Dec. 9, 2022)
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
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In this episode, Paul discusses a decision out of Wisconsin highlighting how appeals can be handled negligent nutrient application decision. Materials discussed:
- Goeringer, Paul, Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications (Oct. 4, 2022).
In this episode, Paul discusses a recent complaint filed by a former Perdue grower claiming the grower is an employee, not an independent contractor. Materials discussed:
- Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022).
- Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (Sept. 13, 2022).
- MD Risk Management Podcast, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (June 1, 2022).
- Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES.
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2022. This is a joint podcast with Ag Law in the Field.
The top legal issues discussed in the podcast are:
- Lashmet, Tiffany. Understanding & Evaluating Carbon Contracts (Jan. 24, 2022).
- Goeringer, Paul. Sequestering Carbon: What To Think About With Carbon Contracts. (Jan. 25, 2022).
- Lashmet, Tiffany. WOTUS Update: Another year, another definition (Feb. 7, 2022).
- Lashmet, Tiffany. Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions (April 18, 2022).
- Goeringer, Paul. Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022).
- What's That Smell? Online Course, register here for the course and to learn more details.
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed:
- Goeringer, Paul, Interpreting Conservation Easements and When New Structures are Allowed (June 21, 2022).
- Roxbury View, LLC v. McCauley, No. 235, Sept. Term, 2021, 2022 WL 1091684 (Md. Ct. Spec. App. Apr. 12, 2022)..
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
n this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed:
- Goeringer, Paul, Recent Wind Farm Decision Highlights Difference in State Processes (May 31, 2022).
- Dan's Mountain WindForce, LLC v. Shaw, No. 1238, 2022 WL 1115005 (Md. Ct. Spec. App. Apr. 14, 2022).
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.
In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed:
- Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (May 10, 2022).
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed:
- Goeringer, Paul, When Estate Planning Goes Wrong: Why Might a Receivership Be Required? (Feb. 15, 2022).
- Seid v. Seid, 967 N.W.2d 253 (Neb. 2021).
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established. Materials discussed:
- Goeringer, Paul, Understanding What an Easement by Necessity Is and When One Is Created (March 29, 2022).
- Gunfeld Coal Co. v. Carey, No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022).
Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms. Materials discussed:
- Goeringer, Paul, Sequestering Carbon: What To Think About With Carbon Contracts (Jan. 25, 2022).
- Lashmet, Tiffany, Understanding & Evaluating Carbon Contracts, Texas A&M University (Jan. 24, 2022).
- University of Maryland, Growing Carbon Credits: Should Maryland Farmers Open a Carbon Banking Account? (Nov. 19, 2021 and features Dr. Shannon Ferrell and Josh Maxwell).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law.
Materials discussed in this episode:
- Goeringer, Paul. North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law (Jan. 6, 2022).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021. This is a joint podcast with Ag Law in the Field.
Top legal issues discussed in the podcast are:
- Lashmet, Tiffany. Waters of the United States Update (Sept. 21, 2021).
- Carbon Contracts Video (2021).
- Lashmet, Tiffany. Ag Law in the Field: Beth Rumley (Animal Confinement Statutes (Nov. 11, 2021).
- Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021).
- Lashmet, Tiffany. SCOTUS Rules for Georgia in Water Dispute with Florida (April 12, 2021).
- Outlaw, J., B. Fischer, H. Bryant, J. Raulston, G. Knapek, and B. Herbst. Economic Impacts of the Sensible Taxation and Equity Promotion Act and the For the 99.5 Percent Act on AFPC’s Representative Farms and Ranches (AFPC Research Report 21-01, 2021).
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho.
Materials discussed in this episode:
- Goeringer, Paul. Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring (Sept. 28, 2021).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program.
Materials discussed in this episode:
- Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021).
- R-CALF v. Vilsack, No. 20-35453, 2021 WL 3161201 (9th Cir. 2021).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners.
Materials discussed in this episode:
- Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021).
- Huynh v. Blanchard, No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. July 30, 2021).
- Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program.
Materials discussed:
- Maryland Agricultural Conflict Resolution Service
- Pennsylvania Agricultural Mediation Program
- Penn State Center for Agricultural and Shale Law.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development.
Materials discussed:
- Penn State Center for Agricultural and Shale Law.
- Penn State Solar Law Videos (2021)
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.
In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss a report his center recently released looking at the proposed changes to the estate tax and capital gains taxes.
Materials discussed:
- Outlaw, J., B. Fischer, H. Bryant, J. Raulston, G. Knapek, and B. Herbst. Economic Impacts of the Sensible Taxation and Equity Promotion Act and the For the 99.5 Percent Act on AFPC’s Representative Farms and Ranches (AFPC Research Report 21-01, 2021).
- For the 99.5 Percent Act (S.994)
- Sensible Taxation and 5 Equity Promotion Act of 2021
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses a decision out of Mississippi involving the use of scare guns by agricultural producers.
Materials discussed in this episode:
- Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015).
- Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021).
- Goeringer, Paul. Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law (May 25, 2021)
- Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a recent federal district court decision out of North Carolina that allows trespass and negligence claims against Murphy-Brown and Smithfield to continue.
Materials discussed in this episode:
- Goeringer, Paul. Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown (May 4, 2021).
- Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers.
Materials discussed in this episode:
- Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015).
- Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021).
- Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a recent Circuit Court ruling that required the Maryland Department of the Environment to take into account gaseous emissions of ammonia in the AFO General Discharge permit.
Materials discussed in this episode:
- Goeringer, Paul. Maryland Circuit Court Judge Reverses Final Maryland AFO Permit (Mar. 23, 2021).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses a recent Court of Special Appeals of Maryland decision that highlights the interplay between the Public Service Commission and a county in the development of utility-scale solar energy facilities.
Materials discussed in this episode:
- Goeringer, Paul. County Granting Special Exception for Solar Development Did Not Create a Vested Right (Mar. 3, 2021).
- Previous Maryland Risk Management Education Blog posts on solar.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.
In this episode, Paul discusses the final hemp rule recently published by USDA. The rule is currently under a 60-day hold for review and we will have to wait and see if additional changes will happen. Note from Paul: since publishing this USDA has allowed the final rule to go into effect after the internal review.
Materials discussed in this episode:
- Goeringer, Paul. 0.3 percent of what? Pay attention to changes in the new state hemp production plan (Aug. 4, 2020).
- Goeringer, Paul. Final Hemp Rule Published by USDA but Could Potentially Change (Feb. 19, 2021)
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
This is material is based upon work supported by USDA/NIFA under Award Number 2018-70027-28588.
In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found not to be the co-employee of both the farm owner and Tyson Farms, Inc.
Materials discussed in this episode:
- Goeringer, Paul. Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator(Dec. 8, 2020)
- Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (Dec. 30, 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined again by Andew Branan, JD, Assistant Extension Professor, Department of Agricultural and Resource Economics, College of Agricultural and Life Sciences, North Carolina State University, to discuss the recent decision by the Fourth Circuit Court of Appeals in the North Carolina Hog Farm Litigation.
If you have questions for Professor. Branan, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2020. This is a joint podcast with Ag Law in the Field.
Top legal issues discussed in the podcast are:
- Goeringer, Paul. Dicamba Legal Update On the Ninth Circuit And What Is Going On With the Drift Class Action (Aug. 2, 2020).
- Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (May 11, 2019).
- Lashmet, Tiffany. Appellate Court Affirms Liability in North Carolina Nuisance Case; Smithfield Announces Settlement (Dec. 7, 2020).
- Lashmet, Tiffany. Does the Clean Water Act Apply to Groundwater? (March 19, 2018).
- Lashmet, Tiffany. Navigable Waters Protection Rule (aka the New WOTUS Rule) (Sept. 28, 2020).
- Lashmet, Tiffany. US Supreme Court Decides Maui County Clean Water Act Case (April 27. 2020).
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul is joined again by Michael Fielding, Partner, Husch Blackwell, to discuss the recent demand letters that many dairy producers received from ASK on potential preferential payments made by Dean Foods to the farmers.
If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses a recent column he did for the American Agriculturist magazine on the 5 steps you should consider when finding and interviewing an attorney.
Materials discussed in this episode:
- Goeringer, Paul, 5 steps to find the right attorney for your needs (Farm Progress, 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses what should go into considerations for hunting leases.
Materials discussed in this episode:
- Goeringer, Paul, Hunting Leases: Checklist for Those Considering a Hunting Lease (AREC 2015).
- Kayes, Jonathan, Landowner Liability and Recreational Access (UME, 2008).
- Lashmet, Tiffany, Texas Hunting Lease Checklist (TAMU Agrilife Extension, 2014).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses the recent ruling by the 9th Circuit remanding the registration for Enlist Duo back to EPA to provide more reasoning on the impact of the pesticide's usage on target areas to milkweed. This ruling comes in a string of rulings that have impacted pesticide usage in the U.S.
Materials discussed in this episode:
- Goeringer, Paul, Appeals Court Remands Enlist Duo Registration to EPA But Does Not Vacate (AREC 2020).
- Rollins, Brigit, Court Concludes: Enlist Duo Registration Upheld (National Ag Law Center, 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses the recent final regulation announced by the Council on Environmental Quality (CEQ) to update the National Environmental Policy Act (NEPA). This update will have an impact on agriculture.
Materials discussed in this episode:
- Goeringer, Paul, CEQ Finalizes First Update to the National Environmental Policy Act Since 1978 (AREC 2020).
- Rollins, Brigit, Jumping the Gun? Government Says NEPA Challenges are Premature (National Ag Law Center, 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Bailey Norwood, Professor, Department of Agricultural Economics, Oklahoma State University, to discuss the impact of COVID-19 on ag supply chains.
If you have questions for Bailey, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses recent updates in the area of dicamba with the EPA vacatur of the registration for three dicamba-based herbicides and the class action settlement in the drift suits.
Materials discussed in this episode:
- Goeringer, Paul, Dicamba Legal Update: What Is Going On In the Ninth Circuit And What Is Going On With the Drift Class Action (AREC 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses how MD's proposed hemp plan would change the definition of what is considered hemp and why that change is needed to comply with federal law.
Materials discussed in this episode:
- Goeringer, Paul, 0.3 percent of what? Pay attention to changes in the new state hemp production plan (AREC 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Justin Benavidez, Assistant Professor – Extension Economist, Texas A&M AgriLife Extension Service, and Dr. Charley Martinez, Assistant Professor and Extension Economist, Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent developments in the cattle markets including a discussion on the ongoing investigations by the federal government.
This podcast episode includes two firsts with mentions of Dr. Wade Brorsen and Dr. David Anderson.
If you have questions for Dr. Benavidez, please email him here. or tweet him at @AmarilloAgEcon and for Dr. Martinez, please email him here or tweet him at @FarmMgt. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
Paul gets to take the week off and Emily Zobel, Agriculture Senior Agent Associate, the University of Maryland Extension in Dorchester County, takes over the podcast to discuss farm stress and ways to manage stress.
Materials discussed in this podcast:
- Farm Stress Management, University of Maryland Extension.
You can contact Emily by emailing her here. You can catch up on Emily's podcast for UME The Garden Thyme.
In this episode, Paul is joined by Michael Fielding, Partner, Husch Blackwell, on how to resolve distressed farm loans.
If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Julie Walker, a Research Assistant, University of Maryland, and a recent graduate of Drake Law Schoo with J.D. and a certificate in Food and Agricultural Law to discuss her research that has been focused on Chapter 12 bankruptcy.
If you have questions for Ms. Walker, please email her here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Brigit Rollins, Staff Attorney, National Agricultural Law Center, University of Arkansas, to discuss the recent 9th Circuit decision vacating the EPA's approval of three dicamba-based herbicides.
Materials discussed:
- National Agricultural Law Center's website.
- Rollins, Brigit. Deal With Dicamba blog posts, Agricultural Finance Review vol. 79, pp 371-85.
If you have questions for Ms. Rollins, please email her here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Jada Thompson, Assistant Professor Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent article she co-authored on the impact of high path avian influenza on firms.
Materials discussed:
- Thompson, Jada, Carlos J.O. Trejo-Pech, Dustin L. Pendell. Agribusiness value impacts from highly pathogenic avian influenza, Agricultural Finance Review vol. 79, pp 371-85.
If you have questions for Dr. Thompson, please email her here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss the new Coronavirus Food Assistance Program that was recently announced by USDA.
Materials discussed:
- The Agricultural and Food Policy Center at Texas A&M University.
- Fischer, Bart L., Joe L. Outlaw, David P. Anderson, Justin R. Benavidez. Overview of the Coronavirus Food Assistance Program (CFAP). (AFPC Research Report 20-02, 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses force majeure contracts that could be found in many agricultural contracts. This episode is based on work by Paul, Elizabeth Thilmany, and Mayhah Suri.
Materials discussed in this episode:
- Goeringer, Paul, Elizabeth Thilmany, and Mayhah Suri, Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19? (AREC 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Adam Kantrovich, Extension Associate Professor of Agribusiness, Clemson University Extension to newly created programs to assist business owners including agricultural operations through the Small Business Administration during the COVID-19 pandemic.
Materials discussed:
- Clemson University Extension, Agribusiness Resources for COVID-19
If you have questions for Dr. Kantrovich, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Tyler Mark from the Department of Agricultural Economics at the University of Kentucky to discuss some of the basic issues associated with industrial hemp.
Materials discussed:
- Industrial hemp agronomic research at the University of Kentucky.
If you have questions for Dr. Mark, you can email him here or tweet her at @kytweeter55 If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Jordan Shockley, Assistant Extension Professor, Department of Agricultural Economics, University of Kentucky, to discuss the poultry market changes during the COVID-19 outbreak.
If you have questions for Jordan, you can email him here or you can tweet @Shock_N_AgMgmt. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Dr. Derrell Peel, Professor & Charles Breedlove Professorship in Agribusiness, from Oklahoma State University and the Farm to Market Podcast, to discuss the cattle market changes during the COVID-19 outbreak.
Materials discussed:
- Economic Damages to the U.S. Beef Cattle Industry Due to COVID-19, NCBA (2020).
If you have questions for Derrell, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss estate planning, the importance of using an attorney, and other basics in the process during the COVID-19 pandemic.
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses a frequently asked question of can a farm dog be a nuisance in Maryland. The answer will depend upon the county code exempting farm dogs from the nuisance dog ordinance or potentially on the county's right-to-farm ordinance.
Materials discussed in this episode:
- Goeringer, Paul, Frequently Asked Questions: Paul, My Farm Dog Barks a Lot and the Neighbors Complain. Do I Have a Defense? (AREC 2020).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses the 2020 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation.
Materials discussed in this episode:
- Goeringer, Paul, Federal Estate Tax and Gift Tax Limits Announced For 2020 (AREC 2020).
- Goeringer, Paul, Final Rules on Portability (AREC 2015).
- Lynch, Goeringer, and Musser, Estate Planning for Maryland Farm Families: Updated for 2014 (FS-972, 2014)
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul uses a court decision out of North Dakota to highlight why updating an estate plan and talking to your family about those updates is important.
Materials discussed in this episode:
- Goeringer, Paul. Father’s Estate Plan Leaves Many Unanswered Questions Relating to Gifts to On-Farm Heir (UMD Nov. 29, 2017).
- University of Maryland Extension Farm Succession and Transition Planninghomepage.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.
*Editors note: Not sure why the mic sound changes about halfway through the episode. It was all done in one take with the same mic.
In this episode, Paul discusses why you should consider having a written farm lease.
Materials discussed in this episode:
- Goeringer, Paul. Need a New Year’s resolution? Consider a written lease (Farm Progress Jan. 13, 2020).
- University of Maryland Extension Agricultural Leasing homepage.
- Vermont School of Law. Farm Lease Builder Tool (2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.
In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers.
Materials discussed in this episode:
- Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015).
- Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found to be the co-employee of both the farm owner and Tyson Farms, Inc.
Materials discussed in this episode:
- Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (Dec. 30, 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2019. This is a joint podcast with Ag Law in the Field.
Top legal issues discussed in the podcast are:
- Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (May 11, 2019).
- Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (December 6, 2019).
- Lashmet, Tiffany. Does the Clean Water Act Apply to Groundwater? (March 19, 2018).
- Lashmet, Tiffany. Right-to-Farm USDA Interim Final Hemp Rule Summary Does Not Apply in a Recent North Carolina Hog Farm Dispute (October 29, 2019).
- Lashmet, Tiffany. Texas Beef Checkoff Facing Legal Challenge (September 24, 2018).
- McEowen, Roger. Do the Roundup Jury Verdicts Have Meaning For My Farming Operation? (April 4, 2019).
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a decision out of Iowa involving a long-term lease used as apart of a farm succession plan.
Materials discussed in this episode:
- Goeringer, Paul. Long-Term Leases Provide a Valuable Succession Planning Tool as Recent Court Case Highlights (Oct. 30, 2018).
- University of Maryland Extension Farm Transitions and Estate Planning page.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a recent decision out of Minnesota requiring a state agency to address concerns raised by an environmental group that the agency did not address climate change and greenhouse gas emissions from a dairy expansion raised by the group.
Materials discussed in this episode:
- Goeringer, Paul. Minnesota Agency Should Have Taken into Account Climate Change Impact Before Allowing Dairy to Expand (Nov. 3, 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.
In this episode, Paul discusses a proposed right-to-farm and trespass bill in New South Wales, Australia. Paul looks at how this proposed law would compare to U.S. right-to-farm laws. Paul also looks at the increased trespass penalties on farmland.
Materials discussed in this episode:
- Goeringer, Paul, New South Wales Considers Right-to-Farm Law and Enhanced Trespass Penalties (Oct. 21, 2019).
- Right to Farm Bill of 2019 (First Print, New South Wales Parliament).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent opinion from the Maryland Court of Special Appeals finding that Baltimore City's food truck ordinance was constitutional and reversing the circuit court decision.
Materials discussed in this episode:
- Goeringer, Paul, Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (MD Ag Podcast, April, 2018).
- Goeringer, Paul, Baltimore City Food Truck Ordinance is Constitutional (Oct. 7, 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses how a right-to-farm law might apply in a nuisance claim against a hemp grower. Materials discussed in this episode:
- Goeringer, Paul. Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense? (2019).
- Goeringer, Paul and Dr. Lori Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (UME FS-973 2017).
- National Ag Law Center, Right-to-Farm Law compilation (2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses the debt increases to Chapter 12 bankruptcy that were recently passed by Congress. Some argue that this change is needed based on increasing farm size and increasing land values, but others argue this change could lead to increased lending costs to producers. Materials discussed in this episode:
- “Family Farmer Relief Act of 2019” Raises the Aggregated Debt Limit For Chapter 12 Bankruptcies (AREC, Sept. 10, 2019).
- Grahame, Mason and Paul Goeringer, Management Tool of Last Resort: Bankruptcy Offers Protections to Qualifying Agricultural Operations and Fishermen to Restructure Business and Survive Tough Economic Times (UME 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses Maryland's laws on fencing livestock in and how county codes can modify the state's law.
Materials discussed in this episode:
- Goeringer, Paul, Understanding Agricultural Liability: Maryland Fencing Law (Oct. 2014).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses when private citizens might have the right to make a citizen's arrest in Maryland. Although it will be discussed you do in limited situations in Maryland have this right, you should never exercise the right. Materials discussed in this episode:
- Can I Make a Citizen's Arrest? (AREC, May 2014).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul provides an update in the Syngenta settlement in the MIR162 class action lawsuits. Corn growers should hopefully begin to see checks in February 2020.
Materials discussed in this episode:
- Goeringer, Paul, Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet? (AREC July 30, 2019).
- Settlement website: http://cornseedsettlement.com/
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul posts the audio from a recent webinar he did covering ag labor issues.
Recent high profile animal welfare videos have highlighted issues when employees can cause problems for livestock operations. Many farms should take a moment to review their hiring practices and how they train employees to use generally accepted handling practices that will not harm livestock.
This webinar will cover how to properly hire and train employees in a livestock operation to prevent animal welfare issues down the road.
. Materials discussed in this episode:
- Hiring Practices for Farm Operations: How to Hire the Right Employees (Video of webinar).
- Copy of Presentation
- Dobbins, Craig and Cole Ehmke, Developing Effective Job Descriptions for Small Businesses and Farms (Purdue Extension May 2005).
- Fogleman, Sarah L., David Anderson, and Dean McCorkle, Human Resource Management: Employee Attraction and Selection Guide (Agrilife Extension, 2013).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul discusses the appeal in Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was not preempted by state law and over. The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes. The ordinance contained a number of exemptions including one for agriculture. The Court of Special of Appeals overturned the circuit court's decisions holding the law was not preempted by state laws related to pesticide use. Materials discussed in this episode:
- Complete Lawn Care, Inc. v. Montgomery County, No. 427200-V (Md. Cir. Ct. Aug. 3, 2017).
- Montgomery County v. Complete Lawn Care, Inc., No. 1203 (Md. Ct. Spec. App. May 2, 2019).
- Goeringer, Paul, Maryland Court of Special Appeals Overturns Lower Court, Finding Pesticide Ordinance Is Not Preempted by State Law (2019)
- Goeringer, Paul, Montgomery County Circuit Court Rules That County Pesticide Ordinance Preempted By State Law (Sept. 20, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.
In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland General Assembly passed HB1123 and signed by Governor Hogan. The new legislation went into effect on June 1, 2019, but we are still waiting on USDA's regulations to see how the state will implement the law.
Materials discussed in this episode:
- Goeringer, Paul. 2019 Brings Potential Changes to Hemp Production in Maryland (AREC 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram @agLawPaul or 301-405-3541.
In this episode, Paul discusses a recent court decision, Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). In this decision, the Court of Appeals of Indiana upheld a farm's use of the right-to-farm defense and the constitutionality of the right-to-farm law.
Materials discussed in this episode:
- Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (AREC, 2019).
- Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019).
- Ind. Code §§ 32-30-6-1, 32-30-6-9 to 32-30-36-9.5 (2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent court decision, Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). In this decision, the Appellate Court of Illinois upholds a verdict providing a landlord with damages caused by a holdover farm tenant. This decision highlights what can happen when a tenant decides to ignore a notice to terminate the agricultural lease in many states.
Materials discussed in this episode:
- Goeringer, Paul. Holdover Tenant Required to Pay Damages to Landlord for Not Leaving Rented Property at the Time the Lease Terminated (AREC, 2019).
- Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019).
- University of Maryland Extension Agricultural Leasing homepage
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent fact sheet that highlights the issues with sweat equity. Sweat equity can develop when family farms fail to take care of the issues early on with a succession plan.
Materials discussed in this episode:
- Mason Grahame, Dale Johnson, Catherine Onumajuru, and Paul Goeringer. Valuing On-Farm Heir’s Sweat Equity Is Complicated and Agreements Should Be Developed to Fairly Compensate On-Farm Heirs (UME, FS-1079, 2018).
- University of Maryland Extension’s Farm Transitions and Estate Planning
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul provides an update on a case involving Colorado winter wheat producers who requested actual production history yield exclusion in 2015 but the USDA Risk Management Agency denied the request. The case highlights when USDA potentially has to make new programs available to producers.
Materials discussed in this episode:
- Ausmus v. Perdue, 289 F.Supp.3d 1227 (D. Colo. 2018)
- Ausmus v. Perdue, 908 F.3d 1248 (10th Cir. 2018).
- Goeringer, Paul, Court of Appeals Agrees USDA Did Not Have the Discretion to Implement New Program Benefiting Farmers (AREC, March 19, 2019).
- Goeringer, Paul, Updated: Quick Look at Yield Exclusion Option in 2014 Farm Bill (AREC, July 13, 2015).
- Goeringer, Paul, USDA Did Not Have Discretion to Implement New Program Benefitting Farmers: When Does the Agency Have Discretion to Implement a New Program? (AREC, July 12, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland Department of Agriculture recently announced the final regulations for the pilot hemp research program and is accepting applications for the program.
Materials discussed in this episode:
- Goeringer, Paul. Pilot Industrial Hemp Program Now Final and Allows For Research Growing of Hemp in Maryland (UME 2019).
- Maryland Department of Agriculture's Pilot Hemp Research Program page (2019).
- Pilot Hemp Research Program Final Regulations (MDA 2019).
- The University of Maryland Extension, Pilot Hemp Research Program page (UME 2019).
If you want to participate in a research program with the College of Agriculture and Natural Sciences, email Andrew Ristvey at aristvey@umd.edu.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the 2019 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation.
Materials discussed in this episode:
- Goeringer, Paul, Federal Estate Tax and Gift Tax Limits Announced For 2019 (AREC 2019).
- Goeringer, Paul, Final Rules on Portability (AREC 2015).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the current situation for the production of industrial hemp after the passage of the 2018 Farm Bill Industrial hemp was decriminalized in the 2018 Farm Bill, but current commercial production is still not legal till USDA approves individual state production plans. Production under pilot research programs is still legal and will continue to be the only way to legally produce industrial hemp till these production plans are approved by USDA.
Materials discussed in this episode:
- Goeringer, Paul, 2018 Farm Bill Makes Hemp Production Legal Only In Certain Situations (UME 2019).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent guest post he contributed to the Maryland Grows Blog.
Materials discussed in this episode:
- Goeringer, Paul. Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors, Maryland Grows Blog (Nov. 30, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the authority that Maryland counties will have in solar energy development based on the decision in Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC.
Materials discussed in this episode:
- Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC, No. 1022, 2018 WL 4090873 (Md. Ct. Spec. App. Aug. 28, 2018).
- Goeringer, Paul, State’s Public Utility Law Preempted Local Zoning and Planning Requirements for Siting a Solar Energy Farm (AREC, Nov. 7, 2018).
- Maryland Circuit Court Rules That County Pesticide Ordinance Preempted By State Laws, Maryland Risk Management Education Podcast (Oct. 4, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2018. This is a joint podcast with Ag Law in the Field.
Top legal issues discussed in the podcast are:
- Agricultural Biotechnology and Implications of the Syngenta Settlement (Aug. 22, 2018).
- Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (May 23, 2018).
- Goeringer, Paul. Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute (May 14, 2018).
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul provides an update on Food & Water Watch v. Dep’t of Agric., No. 17-1714. Recently the federal district court in D.C. found that the environmental groups have standing and the case is not moot. Paul explains all that and next steps in the case.
.
Materials discussed in this episode:
- Buffalo River Watershed Alliance v. USDA, No. 4:13-cv-450-DPM, 2014 WL 6837005 (E.D. Ark. Dec. 2, 2014).
- Goeringer, Paul, Challenge Brought Against Decision to Approve Loan Guarantee for Maryland Poultry Farm (AREC, Oct. 11, 2017).
- Goeringer, Paul, Federal Court Agrees that Environmental Plaintiff Has Standing to Challenge USDA Loan Guarantee Granted to Poultry Farm (AREC, Oct. 10, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses Maryland's right-to-farm law, how it operates, and potential areas that are unclear in the law. Producers need to be aware of how these laws operate in order to maintain the defense.
Materials discussed in this episode:
- Goeringer, Paul, Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense Operates (AREC, Sept. 24, 2018).
- Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (UMD, 2017).
- National Ag Law Center, States' Right-to-Farm Statutes.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent decision by the Court of Special Appeals of Maryland to uphold the 2014 general discharge permit for concentrated animal feeding operations in the state. The permit had been challenged by two groups claiming Maryland Department of the Environment had failed to include monitoring in the permit.
Materials discussed in this episode:
- Goeringer, Paul, Maryland Court Upholds the 2014 CAFO Permit For Complying With EPA’s Requirements (AREC, Oct. 2, 2018).
- Food & Water Watch v. M.D. Dep’t of Envtl., No. 2602, 2018 WL 2203175 (Md. Ct. Spec. App. May 14, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent decision out of Colorado involving winter wheat producers who requested actual production history yield exclusion in 2015 but USDA Risk Management Agency denied the request. The case highlights when USDA potentially has to make new programs available to producers.
Materials discussed in this episode:
- Ausmus v. Perdue, 289 F.Supp.3d 1227 (D. Colo. 2018)
- Goeringer, Paul, Updated: Quick Look at Yield Exclusion Option in 2014 Farm Bill (AREC, July 13, 2015).
- Goeringer, Paul, USDA Did Not Have Discretion to Implement New Program Benefitting Farmers: When Does the Agency Have Discretion to Implement a New Program? (AREC, July 12, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul reviews the recent Iowa Supreme Court decision in Honomichi v. Valley View Swine. In this decision, the court reversed a lower court ruling finding Iowa's right-to-farm law was unconstitutional as applied due to the lower court offering no facts to demonstrate the law was unconstitutional as applied.
Materials discussed in this episode:
- Goeringer, Paul, Iowa Right-to-Farm Decision Highlights the Importance of Understanding How Right-to-Farm Laws Operate (AREC, Sept. 4, 2018).
- Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (AREC, Sept. 2017).
- Honomichi v. Valley View Swine, LLC, 914 N.W.2d 223 (Iowa 2018).
- Right-to-farm podcast episodes
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent decision out of Minnesota involving a farm family's farm succession plan that resulted in a court battle. The case highlights why farm families need to develop farm succession plans that work for their operations.
Materials discussed in this episode:
- Goeringer, Paul, Court Decision Splitting Up Family Farm Reversed: When Farm Succession Planning Fails (AREC, June 6, 2018).
- Neumann v. Anderson, A17-1450, 2018 WL 1997090 (Minn. Ct. App. April 30, 2018).
- University of Maryland Extension’s Farm Transitions and Estate Planning
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul introduces a recent webinar he hosted featuring Prof. Drew Kershen of the University of Oklahoma College of Law to discuss the recent Syngenta settlement involving MIR-162 genetic trait that was rejected in shipments of corn to China. Prof. Kershen discusses the settlement and other possible issues that could come up because of the settlement.
Materials discussed in this episode:
- Goeringer, Paul, Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (AREC, May 9, 2018).
- Lashmet, Tiffany, Syngenta Settlement: What Producers Need To Know (Agrilife Extension May 7, 2018).
- Questions asked to Prof. Kershen.
- Settlement website: http://cornseedsettlement.com/
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. Currently, the Maryland Department of Agriculture to develop a pilot program for research programs to be developed by institutions of higher education who can then contract with growers to produce industrial hemp in the research programs.
Materials discussed in this episode:
- Goeringer, Paul, Nicole Cook, Kelly Nuckolls, Andrew Ristvey, Dale Morris. Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized (UME 2018). This link will be udpated to reflect changes in the law.
- Goeringer, Paul, Nicole Cook, Kelly Nuckolls, Andrew Ristvey, Dale Morris. Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized (UME 2018). This is linked to a page that will relate the information discussed in this podcast with links to the most recent information.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent decision out of Alaska involving Alaska's right-to-farm law. The Supreme Court of Alaska upheld a trial court ruling that the state's right-to-farm law did not apply to a landowner storing septage in lagoons.
Materials discussed in this episode:
- Alaska's Right-to-Farm Law
- Goeringer, Paul, Right-to-Farm Law Does Not Protect Landowner From Nuisance Caused by Septage Lagoons (AREC, June 6, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses how Maryland law limits liability to encourage gleaning on farms from charitable organizations.
Materials discussed in this episode:
- Goeringer, Paul, Gleaning, Food Banks, and a Farmer’s Liability (AREC, Feb. 10, 2015).
- National Gleaning Project, http://forms.vermontlaw.edu/farmgleaning/.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses crop insurance or NAP coverage and requirements when you allow gleaning on the covered acreage.
Materials discussed in this episode:
- Goeringer, Paul, Gleaning Unharvested Crops and Crop Insurance or NAP Coverage (AREC, May 17, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
This material is funded in partnership by USDA, Risk Management Agency, under award number RM17RMETS524021.
In this episode, Paul discusses details of the preliminary approval of the Syngenta settlement in the MIR162 class action lawsuits. Corn growers have begun to be able to file claims. Paul breaks down what this settlement means for U.S. corn growers and deadlines growers need to be aware of.
Materials discussed in this episode:
- Goeringer, Paul, Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (AREC, May 9, 2018).
- Settlement website: http://cornseedsettlement.com/
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent jury verdict in the North Carolina Hog Farm Nuisance Cases involving Murphy-Brown Farms. The verdict initially awarded the plaintiffs $50 million in punitive damages, but this has been reduced to $3 million. Prior to this decision, the judge had ruled that North Carolina's right-to-farm law did not apply. Paul points out what language was at issue in North Carolina's law and how it might play out in another state.
Materials discussed in this episode:
- Goeringer, Paul, Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute (AREC, May 14, 2018).
- North Carolina's Right-to-Farm Law
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses changes to conservation compliance that require an insured producer to be in compliance by the crop insurance premium billing date.
Materials discussed in this episode:
- Goeringer, Paul, Remember to Certify Conservation Compliance for Crop Insurance Program By Premium Billing Date (AREC, April 26, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
This material is funded in partnership by USDA, Risk Management Agency, under award number RM17RMETS524021.
In this episode, Paul discusses a recent circuit court ruling finding that Baltimore City's food truck ordinance was unconstitutional for vagueness issues.
Materials discussed in this episode:
- Goeringer, Paul, Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (AREC, Feb. 21, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Image includes image of Baltimore City food truck by baltamour carla.
In this episode, Paul discusses the recently announced Syngenta settlement in the MIR162 class action lawsuits. The settlement for 4 classes is estimated at $1.51 billion. Paul breaks down what this settlement means for U.S. corn growers.
Materials discussed in this episode:
- Goeringer, Paul, Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit (AREC, Mar. 15, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
The image includes an image of corn harvest by United Soybean Board
In this episode, Paul discusses a recent court ruling involving a life insurance policy that was not updated after a divorce. The ruling is a reminder of why you should always update farm succession plans after life events.
Materials discussed in this episode:
- Goeringer, Paul, Recent Court Decision Highlights Why You Should Update Life Insurance Policies After A Divorce (AREC, Feb. 21, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses how federal patent law and the federal Plant Variety Protection Act could limit your ability to use saved seed for replanting.
Materials discussed in this episode:
- Morris, Dale, Dr. Robert Kratochvil, Paul Goeringer, Farmer-saved Seed: What is Legal? What is Not? (UME FS-1064, June 2017).
- Goeringer, Paul, Legal Liability of Saving Seeds in an Era of Expiring Patents (UME FS-1000, March. 2015).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul is joined by Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Materials discussed in this episode:
- EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018).
- Goeringer, Paul, Jon Moyle, Jenny Rhodes, and Kelly Nuckolls, Reporting Continuous Release Emissions (UME, Jan. 16, 2018).
You can contact Ashley Ellixson at aellixson@UDAZ.ORG. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Materials discussed in this episode:
- EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018).
- Goeringer, Paul, Court of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws (AREC, May 10, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent Ninth Circuit Ruling that found portion of Idaho's ag gag law constutional, reversing a lower court decision that found the entire law unconstitutional. This ruling may open up new opportunities for these laws if written properly.
Materials discussed in this episode:
- Ellixson, Ashley, Idaho's "Ag Gag" Law Found Unconstitutional (AREC, Oct. 6, 2015).
- Goeringer, Paul, Ninth Circuit Upholds a Portion of an Ag Gag Law (AREC, Jan. 24, 2018).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2017. This is a joint podcast with Ag Law in the Field.
Top legal issues discussed in the podcast are:
- Dicamba drift lawsuits (post 1) (post 2)
- WOTUS and Duarte case (post 1)
- Syngenta settlement (post 1)
- Emissions reporting for animal operations (post 1)
- Ag gag court rulings (posts 1) (posts 2)
- Cow Palace Insurance Exemption decision (post 1) or (post 2)
- Endangered Species Act (post 1)
If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent decision out of Arizona interpreting the state's branding law. The Supreme Court of Arizona held that the state's branding law did not allow for registering identical brands even if used at different locations.
Materials discussed in this episode:
- Goeringer, Paul, Recording of Identical Livestock Brands in Different Locations on An Animal Violated State Law Precluding Identical Brands (AREC, Nov. 1, 2017).
- Goeringer, Paul, What Are Brand Laws? When Registering a Brand Location Matters (AREC, Sept. 13, 2016).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent federal district court decision that found that an insurance policy with an absolute pollution exclusion excluded damage caused by manure. The insurance company was also found to have no duty to defend the insured party. This decision involves the Cow Palace Dairy that had earlier settled claims that manure had leaked into groundwater and agreed to clean up costs associated with the damage.
Materials discussed in this episode:
- Ellixson, Ashley, Washington Dairies Enter Into Consent Agreements (AREC, June 3, 2015)
- Goeringer, Paul, Court Agrees That Pollution Clause in Insurance Policy Excludes Damage from Manure (AREC, Oct. 24, 2017).
- Goeringer, Paul, Cow Palace Decision: A Parade of Horribles (AREC, June 4, 2015)
- Goeringer, Paul, Settlement Reached in Washington State Dairy Cases (AREC, May 20, 2015)
- Goeringer, Paul, Wait, Now You’re Telling Me Manure Can Be a Solid Waste?!? (AREC, Feb. 3, 2015).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent 10th Circuit Court of Appeals ruling holding that Wyoming's Data Trespass law violated the First Amendment of the U.S. Constutition. This law has been seen by many to be a version of an ag-gag law. Paul also gives producers tips on what can be done that is still constitutional.
Materials discussed in this episode:
- Goeringer, Paul, Wyoming’s Resource Data Collection Statute Violates the First Amendment of the Constitution (AREC, Oct. 3, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent decision, Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was preempted by state law. The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes. The ordinance contained a number of exemptions including one for agriculture. The court found the law was preempted by state laws related to pesticide use. Materials discussed in this episode:
- Goeringer, Paul, Montgomery County Circuit Court Rules That County Pesticide Ordinance Preempted By State Law (Sept. 20, 2017).
- Complete Lawn Care, Inc. v. Montgomery County, No. 427200-V (Md. Cir. Ct. Aug. 3, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses two recently filed class action lawsuits focused damage caused from dicamba drift. The two lawsuits are seeking damages from Monsanto for bringing the Roundup Ready 2Xtend varieties to market before the new dicamba was approved by EPA.
NOTE: In this episode, I say the varieties are not resistant to the old dicambas. I meant to say the old dicambas were not labeled in season for the over-the-top use of the varieties
Materials discussed in this episode:
- Goeringer, Paul, Arkansas Producers File Class Action Lawsuit Related to Dicamba Drift Damage (AREC, Aug. 31, 2017).
- Goeringer, Paul, Is It Negligent to Release a Seed Variety Before the Paired Pesticide is Approved? (AREC, Mar. 8, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent tax court decision, Rutkoske v. Commissioner, that disallowed two brothers from taking 100 percent deduction for a charitable donation of a conservation easement. The brothers, in this case, had income from the sale of the farmland in question and from a sale of the conservation easement. That income did not count towards the gross farm income but towards gross other income. The brothers could only claim 50 percent of the charitable donation. Materials discussed in this episode:
- Everhart, Sarah, U.S. Tax Court Denies Farmers' 100% Charitable Deduction for Conservation Easement (Aug. 16, 2017).
- Goeringer, Paul, When is a Farmer Not a Farmer? Tax Court Case Highlights Complexity in Federal Tax Law (Sept. 1, 2017).
- McEowen, Roger, When Is A Farmer Not A “Qualified Farmer” For Conservation Easement Donation Purposes? (Aug. 10, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage. A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation. The landowner should also begin to develop documentation related to the drift damage. Finally, the landowner would have options on how to recover damages. Materials discussed in this episode:
- Goeringer, Paul, After Experiencing Drift Damage, What Should You Do? (UME Agronomy News, July 19, 2017).
- Goeringer, Paul, Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift (UME, 2016).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a recent federal court ruling in Utah holding Utah's "ag-gag" law violates the U.S Constitution. This marks the second time a federal district court has found a state's ag-gag law unconstitutional We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well. Because of the issues with constitutionality, Paul discusses other options that producers have available to them. Materials discussed in this episode:
- Goeringer, Paul, Utah’s Ag-Gag Law Violates First Amendment, But Producers Still Have Options (2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a how to get paid for custom services, such as harvesting and swathing. A few states have laws that create automatic liens in the crop harvested or swathed and baled. But the majority of states offer custom operators no automatic lien. In those states, custom operators should consider developing a standard contract to use to help the operator get paid. Materials discussed in this episode:
- Goeringer, Paul, Getting Paid For Your Custom Services (Progressive Forage, July 13, 2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses a publication he is working on that highlights questions you should ask a potential attorney. Interviewing potential attorneys helps you understand who you will work best and limit some issues down the road.
Materials discussed in this episode:
- Goeringer, Paul, Finding An Attorney for Your Case Requires Asking the Right Questions (2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the recent decision in Taylor v. Huerta. This case involved FAA's earlier decision to require all unmanned aerial vehicles (UAVs) to be registered. Paul will discuss how this decision could impact agriculture and explain what the recent decision means to others.
Materials discussed in this episode:
- Goeringer, Paul. Court of Appeals Rules That FAA Overstepped Authority When Requiring Hobby Operators to Register UAVs(2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Developing a good ag lease is an important tool many of you need to consider developing when leasing farmland. We are hitting that time of year (June 30th) when Paul likes to remind you that you need to consider if you will give the notice to terminate an ag lease or renew. In this episode of the podcast, Paul is joined by Tiffany Lashmet of Texas A&M Agrilife Extension to discuss her ag leasing guide.
Resources discussed in this episode:
- Lashmet, Tiffany, Shannon Ferrell, Rusty Rumley, and Paul Goeringer, Ranchers Agricultural Leasing Handbook: Grazing, Hunting, & Livestock Leases (June 2016).
- Ag Law in the Field (Tiffany's Podcast).
If you have questions for Tiffany, you can email him at Tiffany.DowellLashmet@ag.tamu.edu or tweet him at @TiffDowell. You can email me at lgoering@umd.edu or tweet me at @aglawPaul. Feel free to send thoughts on other podcasts to me as well.
In this episode, Paul discusses a recent court decision, Porter v. Harden, №15–0683, 2017 WL 942845 (Mar. 10, 2017). In this decision, the Iowa Supreme Court looks at does one horse create a farmland lease? This decision provides a lot of insight for parties looking to rent farmland and how to make sure the lease provides the protections many states give to farmland leases.
Materials discussed in this episode:
- Goeringer, Paul. One Old Mare Not Enough to Create Ag Lease, Says One State Court(2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In this episode, Paul discusses the current situation for the production of industrial hemp in Maryland. Currently, the General Assembly has directed the Maryland Department of Agriculture to develop a pilot program for research cultivation by an institution of higher education.
Materials discussed in this episode:
- Goeringer, Paul. Industrial Hemp Still Illegal To Cultivate In Maryland(2016).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
This week the podcast returns after a brief hiatus with Paul discussing a frequently asked question: Can I trim tree limbs and other vegetation growing on my neighbor's property that is impacting my property? Paul discusses what Maryland law currently allows neighboring landowners to do and not to do (the options are limited to self-help).
Materials discussed in this episode:
- Goeringer, Paul. Frequently Asked Questions: Can I Trim My Neighbor’s Tree Off My Property?(2017).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
A common situation is that siblings inherit farmland through intestacy (dying without a valid will or property outside the will) or a will specifies a quarter interest in the farm to X and the remaining three-quarters to Y. In this episode, Paul covers what happens when you inherit property as tenants in common.
Materials discussed in this case:
- Goeringer, Paul. Help, I Just Inherited the Family Farm With My Siblings. Now What?(2016).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
The Iowa Court of Appeals recently ruled that the state's right-to-farm law was unconstitutional as applied to a landowner next door to a hog farm. In this episode, Paul discusses the McIlrath v. Prestage Farms of Iowa, L.L.C. decision.
Materials discussed in this case:
- Goeringer, Paul. Court of Appeals Finds State’s Right-to-Farm Law is Unconstitutional As Applied (2017).
- Goeringer, Paul and Lori Lynch. Understanding Agricultural Liability: Maryland's Right-to-Farm Law(2013).
- Right-to-Farm tag. Maryland Risk Management Education Blog.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law. In this podcast, Paul provides an overview of those cases and their potential impact.
Cases discussed in this podcast:
- Anderson v. McCarthy, No. C 16-000068 WHA, 2016 WL 6834215 (N.D. Ca. Nov. 21, 2016).
- Missouri ex rel. Koster v. Harris, No. 14-17111, 2016 WL 6803046 (9th Cir. 2016).
- Syngenta Seeds, Inc. v. County of Kauai, No. 14-16833, No. 14-16848, 2016 WL 6818862 (9th Cir. Nov. 18, 2016)
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm. Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool.
Tools discussed in this podcast:
- Ellixson, Ashley, A Family Farm Business Entity in Maryland: What You Need to Know (April 2015); and
- Ellixson, Ashley and Paul Goeringer, Using a Business Organization Structure to Limit Your Farm’s Liability (March 2015).
Forms and websites discussed by Ashley are in the resources.
If you have questions, please email Ashley at aellix@umd.edu, tweet her at @Legally_Ashley, or call her at 301-458-5125. You can also contact me at lgoering@umd.edu or tweet me at @aglawPaul.
With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation. In this episode, Paul discusses tools available to help you develop a fair rental rate for you.
Tools discussed in this podcast:
- Center for Farm Financial Management, FairRent.
- University of Maryland Extension, Lease Agreements Page.
- North Central Farm Management Extension Committee, AgLease101.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals. In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision.
Resources discussed in this episode:
- Paul Goeringer, Federal Agency Must Follow Proper Process Before Removing Exemption Which Would Impact Large Number of Previously Exempt Fertilizer Wholesalers (Oct. 2016).
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Fires during harvest are not uncommon and sources are many; a bearing can go out or get hot, a pickup’s exhaust pipe, bad wiring, and I’m sure you can give me more examples of how a fire can start during harvest. But what is your potential liability for a harvest fire that spreads to your neighbor’s property? In this episode, Paul covers a court decision from 2015 looking at a negligence claim from a harvest fire.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Materials discussed in this episode:
- Paul Goeringer, Can You Be Liable for Damages from a Harvest Fire? (Dec. 2015).
When starting a new business enterprise with friends or family, how to wind the business down upon a falling out, death, or other terminating event are not considered. But how to wind down the business is a critical part of the business. A recent decision by the Court of Special Appeals of Maryland highlights the need for family farm partnerships to have plans on how to wind down the partnership upon the death of a partner. In this episode, Paul walks you through this court decision and how you can better plan for the future.
Resources discussed in this episode:
- Ellixson, Ashley and Paul Goeringer, Using a Business Organization Structure to Limit Your Farm’s Liability (UME EB 422, 2015).
- Maryland Risk Management Education Blog, www.aglaw.umd.edu
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Recently, the Eighth Circuit Court of Appeals issued a decision in American Farm Bureau v. EPA. This case involved American Farm Bureau Federation and National Pork Producers Council bringing an action in federal court to challenge EPA's decision to find information involving concentrated animal feeding operation operators was not exempt from disclosure under the Freedom of Information Act.
In this episode, Paul walks the audience through the federal district court's decision and the Eighth Circuit's decision.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Materials discussed in this episode:
- Paul Goeringer, Constitutional Standing: When Can a Party Actually Bring a Lawsuit? (Feb. 2015).
- Paul Goeringer, Freedom of Information Act Exemption Does Not Allow EPA to Release Aggregated CAFO Information (Sept. 2016).
In this episode, Mayhah Suri, extension environmental specialist, interviews Paul Goeringer, extension legal specialist, over Right-to-Farm laws. Mayhah and Paul cover the basics of Right-to-Farm laws, what Maryland's law does, and the developing issue of Right-to-Farm constitutional amendments that some states are pursuing.
If you have questions for the host this week, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.
If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.
Materials discussed in this episode:
- Ferrell, Shannon and Larry Sanders, State Question 777: A Proposed Constitutional Amendment
- Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law
- Right-to-Farm posts on Maryland Risk Management Education Blog
Last week, we looked at on-farm breweries and we continue looking at on-farm diversification by considering on-farm distilleries. In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a distillery on the farm.
If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.
Resources discussed in this episode are Opening a Distillery: Legal Details That Producers Need to Know by Mayhah Suri.
Farmers are often looking for new ways to diversify their operations. One new way maybe developing an on-farm brewery under Maryland's Class 8 license. In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a brewery on the farm.
If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.
Resources discussed in this episode are Microbreweries and the New Class 8 Farm Brewery License by Mayhah Suri.
Paul takes a break from this episode and instead Ashley Ellixson takes over the host chair. In this episode Ashley is joined by Dr. Nicole Fiorellino to highlight the Maryland Phosphorus Management Tool (PMT) and the details farmer's need to know to be in compliance. Additionally, Dr. Fiorellino addresses many FAQs from industry as well as producers on the science behind phosphorus and nutrient management.
If you have questions contact Dr. Nicole Fiorellino at nfiorell@umd.edu. You can contact Ashley Ellixson at aellix@umd.edu or tweet her at @Legall_Ashley. Feel free to send thoughts on future podcasts as well.
Resources discussed in this podcast:
- University of Maryland's Extension's nutrient management website http://extension.umd.edu/anmp
Producers are collecting and relying more on ag data collected by farm equipment. Much of this data might be uploaded to the "cloud" and stored with third party. Storing with third parties can lead to questions of who owns farm data? In this episode, Paul is joined by his colleague, Ashley Ellixson, extension legal specialist, and Dr. Terry Griffin, cropping systems economist, Kansas State University.
Resources discussed in this episode:
- Ellixson, Ashley. Legal and Economic Implications of Farm Data. farmerhayek.com (June, 2016).
- Ellixson, Ashley and Terry Griffin. Farmers Must Actively Protect Data to Secure Trade Secret Protections. farmerhayek.com (July, 2016).
- Ellixson, Ashley and Terry Griffin. Ownership and Protections of Farm Data. agmanager.info Publication (May, 2016).
- Griffin, Terry. Value of Farm Data: Proving Damages Based on Trade Secret Protections. agmanager.info (June, 2016).
If you have questions for Ashley, you can email her at aellixson@udaz.org or tweet her at @legally_ashley. If you have questions for Dr. Griffin, you can email him at twgriffin@ksu.edu or tweet him at @spaceplowboy.
Hiring interns for an operation can be useful for both producer and intern. But at the same time, producers need to understand the rules for when interns have to paid and can work for free. In this episode, Paul is joined by Sarah Everhart, legal specialist, Francis King Carey School of Law, University of Maryland and the Agriculture Law Education Initiative.
If you have questions for Sarah, you can email her at severhart@law.umaryland.edu or 410-458-2475.
As producers use more and more technology in their operations there is a need to be connected to wireless networks to be able to move large amounts of data. In this episode, Paul is joined by Dr. Terry Griffin, cropping systems economist, Kansas State University, to discuss the need for wireless connectivity in rural areas.
If you have questions for Dr. Griffin, you can email him at twgriffin@ksu.edu or tweet him at @spaceplowboy. You can email me at lgoering@umd.edu or tweet me at @aglawPaul. Feel free to send thoughts on other podcasts to me as well.
Farmland in Maryland may contain a conservation easement over the property. Conservation easements limit the use of the property forever. Leasing farmland with a conservation easement on it may create special issues for landowners who have never leased farmland before.
This episode highlights a recently developed publication by Mayhah Suri and Paul Goeringer discussing leasing farmland with a conservation easement in place. Mayhah joins Paul to highlight what landowners and tenants should consider when developing a farmland lease on preserved farmland.
If you have questions, contact Mayhah at msuri1@umd.edu or 301-405-9576. You can contact Paul at lgoering@umd.edu or tweet me at @aglawPaul. Feel free to send thoughts on other podcasts to me as well.
Resources discussed in this episode:
-
Goeringer, Paul. Agricultural Leasing in Maryland. University of Maryland Publication, EB-403 (Jan. 2013).
-
Suri, Mayhah & Paul Goeringer. How to Lease Your Land with a Conservation Easement. University of Maryland Publication (June 2016).
-
The University of Maryland Extension. Agricultural Leasing Page
In this episode, Paul is joined by Ashley Ellixson, extension legal specialist, Department of Ag and Resource Economics and the Ag Law Education Initiative, to discuss some basic considerations landowners need to consider when presented with a solar energy lease.
One issue related to drones and privacy we have not dealt with so far is: “Can I shoot down a drone over my property?” The simple answer to this question is NO! Shooting down a drone flying over your property is never a good idea. In this episode, I discuss why it's never a good idea to shoot down a drone.
Remember if you have questions please email me at lgoering@umd.edu or tweet me at @aglawPaul. Feel free to send thoughts on other podcasts to me as well.
Resources discussed in this episode:
Goeringer, Paul. Frequently Asked Questions?: Can I Shoot Down a UAV/Drone?. Maryland Risk Management Education Blog (Feb. 2016).
Goeringer, Paul, Ashley Ellixson, and John Moyle, Privacy Issues and the Use of sUAS/Drones in Maryland. University of Maryland Publication, FS-998 (Nov. 2015).
In late June, USDA’s Risk Management Agency (RMA) announced changes to the Common Crop Insurance Policy to clarify “practicability to replant” and clarify recordkeeping issues associated with indemnity payments in a double-cropping system. At the same time, RMA is seeking comment on these changes by the public. The public will have until August 22, 2016 to make comments (https://www.regulations.gov/document?D=FCIC-16-0002-0001).
For many Maryland farmers, June 30 is a date when notice of termination must be given or received in order to terminate a farmland lease for 2017. Delaware farmers have till August 31 to make this decision. This episode discusses how to give proper termination and resources available to assist you.
Welcome to a new and somewhat exciting podcast related to Maryland agriculture, legal issues, farm policy, and other topics. This podcast episode is put together by Paul Goeringer, extension legal specialist, with the Department of Agricultural and Resource Economics, University of Maryland.