Ag Law in the Field: Recent Episodes
Tiffany Lashmet
Welcome to Ag Law in the Field! This is the inaugural episode of a new podcast designed to discuss all things agricultural law. Tiffany Lashmet, Extension Ag Law Specialist with Texas A&M Agrilife Extension, will serve as your host and has a variety of great guests lined up. From law students to seasoned attorneys, to lawyers with experience in international firms, to folks who hung out their own shingle in Small Town America...we plan to visit with them all and discuss their thoughts, experiences, and interests related to agricultural law.
It is not that common to have an agricultural law case at the United States Supreme Court, but this term, Monsanto v. Durnell was argued, and in June, the Justices issued their decision on the important questions of whether FIFRA's labeling requirements preempts state law failure-to-warn claims. Jennie Zwagerman joined me to talk through the case, the Opinion, and what this means going forward.
Contact Info for Jennie
Phone: 515-271-4119
Email: jennifer.zwagerman@drake.edu
https://www.drake.edu/law/fac-staff/profile/jennifer-zwagerman
Links to Topics Mentioned on the Show
Ag Law in the Field Podcast Episode: So You Want to Go to Law School
Drake Law School Ag Law Program
AALA
Texas Agriculture Law Blog: US Supreme Court: Failure-to-Warn Claims Preempted by FIFRA
Restaurant Recommendation: WASABI
Where Jennie keeps up with ag law news:
- Texas Agriculture Law Blog
- Ag Law in the Field Podcast
- AgriPulse
- Politico Ag
- National Agricultural Law Center
- Congressional Research Service Reports
There are currently a number of transmission line projects being planned in Texas. These projects will impact landowners across the state. Luke Ellis joins us to talk about transmission lines in general, the PUC routing process, and eminent domain.
Contact Info for Luke Ellis:
Website
Phone: 512-215-4078
Links to Topics Mentioned on the Show
All Ag Law in the Field Episodes on Eminent Domain
Previous Episodes with Luke Ellis:
Eminent Domain Basics
Texas Supreme Court Eminent Domain Cases Part 1
Texas Supreme Court Eminent Domain Cases Part 2
Restraunt Recommendations from Luke Ellis:
Juan in a Million
Iron Works BBQ
Clark's Oyster Bar
May is Mental Health Awareness Month. Long-time podcast listeners will know that this is an extremely important topic to me, and we recognize this each year with a podcast episode related to agriculture and mental health.
This year, I am joined by my friend, Ty Koonce, who talks to us about the new non-profit organization he is launching, Under the Hat, related to mental health in agriculture. Ty shares what he has seen in his role as a loan officer at an agricultural bank here in Texas, and shares the story of losing his father to suicide. I am incredibly grateful to Ty for his willingness to share his story on the podcast and for his passion to make real changes to help improve mental health in rural America through Under the Hat.
Contact Info for Ty Koonce
(580) 517-1639
Links to Topics Mentioned on the Show
-Past mental health podcast episodes
-FarmHope (free counseling services for anyone involved in TX agriculture & their families)
Sponsors
I'm excited to welcome my friend, Ross Pifer, from Penn State University Dickinson School of Law to the show. Ross and I are chatting about the right to repair. What is controversial about the right to repair? Why is this such a concern for agriculture? What should we know about the recent John Deere settlement? Ross helps answer these questions and more!
Contact Info for Ross Pifer
- Website
Topics Mentioned in the Show
-Center for Ag and Shale Law website
-Penn State Ag Law Newsletter
-Penn State Shale Law Newsletter
-Penn State Agricultural Law Podcast
-Prior Right to Repair podcast episode with Todd Janzen
-EPA statement that Clean Air Act supports farmer right to repair
-Article on John Deere settlement
-Article on FTC v. John Deere case
Ag Law Resources
-AgriPulse
-Texas Agriculture Law Blog
-National Agriculutral Law Center
-Ohio State Ag Law Blog
-Iowa State Center for Ag Law and Taxation Ag Docket
Sponsors
She's back! For a third time, National Agriculrual Law Center Staff Attorney, Brigit Rollins, joins us to give us an update on Dicamba. You may be aware that the Environmental Protection Agency recently approved three over-the-top Dicamba products for use in cotton and soybeans. We talk about the history of the Dicamba registrations and litigation, what we restrictions are in place under the new labels, and what we know about the new litigation already filed challenging these registrations.
Contact Info for Brigit
(Email) brollins@uark.edu
(Phone) 707-494-3138
Links to Other Topics Mentioned on the Show
Prior episodes with Brigit Rollins
National Agricultural Law Center
NALC The Feed Newsletter
Blog post about 2024 label revocation
Blog post about 2020 label revocation
EPA 2026 announcement approving three products
Brigit article in Durnell v. Monsanto
Brigit article on state pesticide liability limitation bills
National Agricultural Law Center The Feed Newsletter
Restaurant Recommendation
Handshake (Fayetteville, AR)
Ag Law News Source Recommendations
Politico
Agri-Pulse
Sponsors
I had so much fun chatting with Chip English, a dairy industry lawyer based in Washington, DC. Chip shares his unique childhood, the story of his career, and his advice for younger attorneys. You don't want to miss this episode!
Contact Information for Chip English
Website
Email address: chipenglish@dwt.com
Links to Other Topics Mentioned
American Agricultural Law Association (AALA)
Fore Square in Portland, ME
National Agricultural Law Center (NALC)
USDA Dairy Information
Hoard's Dairyman
The Milkweed
I cannot tell you how many questions I've gotten about legal issues surrounding data centers on rural land. Chris Nichols, an attorney who has worked on these deals in a number of different capacities, joined me to chat about the various legal issues that arise, questions folks should be asking, and what the future might look like when it comes to data centers.
Contact Info for Chris Nichols
Website
Phone: 806-771-1850
Links to Topics Mentioned on the Show
Podcast episode on options and rights of first refusal
Thank you to our 2026 Podcast Sponsors!
It would not be the holiday season without our Ag Law Year in Review podcast episode. My friend, Paul Goeringer, joins me to talk through our list of top ten ag law issues for 2025.
Contact Info for Paul:
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Topics Mentioned on the Show:
Blog post discussing top ag law issues
2fifty bbq restaurant
What the One Big Beautiful Bill Means for Agriculture episode with Dr. Justin Benavidez
Article on air emissions reporting exemption for livestock and poultry operations
Sponsors
I heard Misty Wilson Borkowski speak at the recent American Agricultural Law Association Conference, and I immediately knew we needed to have her on the podcast. She joins me today to talk about how farms, ranches, and agribusinesses can prepare for immigration enforcement.
Links to Topics Mentioned on the Show
Contact info for Misty Wilson Borkowski
Restaurant recommendation: The Fold, Little Rock, AR
How to keep up with ag law news: AILA; farm association publications; Southern Farming Facebook group
Podcast Sponsors Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau
In this episode, I welcome back Garrett Couts to unpack the often-confusing world of rights of first refusal and option agreements in agricultural land transactions. Whether you're buying, selling, or leasing property, understanding these legal tools can make a big difference in protecting your interests and planning for the future. Tune in to learn what these terms really mean, how they're used in farm and ranch deals, and what to watch out for before signing on the dotted line. Contact Info for Garrett Couts Website Links to Topics Mentioned on the Show Previous Podcast Episodes The West Table Trattoria Alberto of Capital Hill Podcast Sponsors Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau
In this episode, one of our favorites, Jim Bradbury is back, and he also brought special guest Lynn Sherman in to discuss the latest updates and developments in Texas groundwater law. From recent court cases to evolving management strategies, this conversation dives into the complexities of water rights, groundwater conservation districts, and how changing legal landscapes affect landowners, agricultural producers, and rural communities across the state.
Contact Info for Lynn Sherman
(Email)
(Website)
Contact Info for Jim Bradbury
(Email)
(Website)
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
Jim Bradbury Prior Podcasts
Doug Caroom - Texas Groundwater Law
Supreme Court Case - Cactus Water Services
Terry Black's Barbeque
Cisco's - Austin, Texas
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau
This episode dives into one of the most important steps in any land purchase: due diligence. Guest Audra Rod Smith joins the conversation to share practical tips and legal insights on what buyers (and sellers) need to know before closing a deal.
🎧 Tune in to learn how to approach land transactions with confidence and make sure you’ve done your homework before signing on the dotted line.
Contact Info for Audra Smith
(Email)
(Website)
Links to Topics Mentioned on the Show
Prior Podcasts
Access Easements Podcast
Property Taxes Podcast
Blake's (Audra's restaurant recommendation)
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau
It is time for our recap of the Texas Legislative Session when it comes to agriculture. Our friend, J Pete Laney, is back with us once again. J Pete and I talk through several key bills related to Texas agriculture this session. It's always fun to chat with J Pete and get his on-the-ground knowledge about what's going on in Austin.
Do note this episode was recorded on August 25, 2025. With the ongoing special session, there may have been changes to bills considered in the special session since this time. In particular, this is true for HB 27 related to groundwater in the Trinity Valley Groundwater Conservation District.
Contact Info for J Pete Laney
(website) http://www.jpetelaneylaw.com/
(phone) 512-473-0404
Links to Topics Mentioned on the Show
Senate Bills
SB 7 - Relating to the oversight and financing of certain water infrastructure matters under the jurisdiction of the Texas Water Development Board.
SB 17 - Relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities; creating a criminal offense; providing a civil penalty.
SB 34 - Relating to funding for certain volunteer fire departments, to the preparation for and the prevention, management, and potential effects of wildfires, and to emergency communications in this state.
SB 261 - Relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties.
SB 503 - Relating to the establishment of an electronic registry of livestock marks and brands.
SB 541 - Relating to cottage food production operations. (Check out the Farm Ranch Freedom Alliance for more information on these changes!)
SB 767 - Relating to creating a database of the firefighting equipment in the state available for use in responding to wildfires.
SB 868 - Relating to the allocation of money appropriated to the rural volunteer fire department assistance program
SB 886 - Relating to the production, sale, and use of certain agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); creating a criminal offense
SB 1035 - Relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.
House Bills
HB 27 - Relating to a groundwater study of certain aquifers underlying the territory of the Trinity Valley Groundwater Conservation District by the Texas Water Developement Board before the issuance of permits or permit amendments by the district.
HB 43 - Relating to the Texas Agricultural Finance Authority and certain programs administered by the authority. (Also see article written on this bill by Kody Bessent)
HB 49 - Relating to the treatment and beneficial use of fluid oil and gas waste and related material, including a limitation on liability for that treatment or use.
HB 99 - Relating to the repeal of or limitations on certain state and local taxes, including school district maintenance and operations ad valorem taxes, the enactment of state and local value added taxes, related school finance reform, and directing the comptroller to identify alternatives to local ad valorem taxes; imposing taxes.
HB 143- Relating to the authority of the Railroad Commission of Texas and the Public Utility Commission of Texas to address a failure by an operator to maintain an electrical power line serving a well site or certain surface facilities in accordance with the National Electrical Code.
HB 144 - Relating to plans for the management and inspection of distribution poles.
HB 145 - Relating to risk mitigation planning and associated liability for providers of electric service; providing an administrative penalty.
HB 1244 - Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a person who uses the land in materially the same way as the former owner and to late applications for such appraisal filed by the new owner of the land.
HB 1399 - Relating to an exemption from ad valorem taxation of tangible personal property consisting of animal feed held by the owner of the property for sale at retail.
HB 1592 - Relating to an alert system for dangerous plant and wildlife pests and diseases administered by the Texas A&M AgriLife Extension Service.
HB 1633 - Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment.
HB 1674 - Relating to the production, sale, and use of certain agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); creating a criminal offense.
HB 2018 - Relating to the Texas Farm and Ranch Lands Conservation Program.
HB 4163 - Realting to the applicability fo certain city requirements to agricultural operations (under Texas Right to Farm Act)
HB 5560 - Relating to penalties in certain suits involving a groundwater conservation district; increasing a penalty.
Bert's BBQ
Cooper's BBQ
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau
I’m excited to be joined by my friend Dr. Justin Benavidez, who serves as the Chief Economist for the House Committee on Agriculture. We’re going to dig into what’s being called “The Big Beautiful Bill” and talk through what it really means for agriculture and rural communities. Justin brings a front-row perspective from the policy and economic side in D.C., and I can’t wait for you to hear his insights.
Contact Info for Dr. Justin Benavidez
(Email) Justin.Benavidez@mail.house.gov
Links to Topics Mentioned on the Show
Big Beautiful Bill
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
One of our favorites is back, Jim Bradbury!
We're diving into some major updates straight from the Texas Supreme Court. Listen in as we break down two pivotal cases making waves in rural and regulatory circles—Myers-Woodward and Cactus Water Services. These decisions could have far-reaching implications for landowners, water rights, and regulatory authority in the Lone Star State.
If you’re involved in agriculture, land use, or Texas water law—you won’t want to miss this one.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
American Agricultural Law Association
Blog Post - Myers-Woodward, LLC v. Underground Services Markham, LLC
Myers-Woodward, LLC v. Underground Services Markham, LLC
Blog Post - Cactus Water Services, LLC v. COG Operating, LLC.
Cactus Water Services, LLC v. COG Operating, LLC.
Angelo's BBQ - Fort Worth
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
In this episode, we're diving into a critical legal issue that affects landowners across the country — the Open Fields Doctrine. Our guests, Robert Frommer and Joshua Windham of the Institute for Justice, break down how this century-old legal doctrine allows government officials to enter private rural land without a warrant.
If you own land, work in agriculture, or care about constitutional rights, this is a conversation you won’t want to miss.
Contact info for Robert Frommer
Website
Contact info for Joshua Windham
Website
Links to Topics Mentioned on the Show
Devillier v. Texas - Blog
George Mason Law Review Forum
The Open Fields Doctrine: America's "Uncommon" Mistake
Indochen
Pepe's Pizzeria Napoletana
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
In this episode, we're joined by Cahil Murchison for an insightful discussion on the legal landscape surrounding vineyards and wineries. Whether you're a seasoned vintner or just exploring the idea of starting a vineyard, this episode offers practical guidance and legal insight to help navigate the complexities of the industry.
Contact info for Cahil Murchison
(Phone) - 512.894.5426
Website
Links to Topics Mentioned on the Show
Farm House Vineyards:
Texas Agriculture Legislation Newsletter:
Podcast with Cassie Gresham on easements/landlocked property
TABC Winery Permit Information:
Book - From Demon to Darling
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Today, we are diving into an incredibly important topic that’s making headlines across the country—PFAS contamination and its impact on agriculture.
Joining me for Episode #202 is Jason Hill, an attorney with extensive experience navigating environmental regulations and agricultural law. We’ll explore what PFAS are, how they’re affecting farmers and ranchers, and the legal and regulatory issues of which ag producers and rural landowners should be aware.
Whether you’re a landowner, ag attorney, or just curious about environmental issues in rural America, this episode is packed with insight you don’t want to miss.
Contact info for Jason Hill
(Phone) 512-806-1060
(Website) https://jthill.com/
Links to Topics Mentioned on the Show
Jason Hill Previous Episodes
Mary-Thomas Hart (PFAS and Agriculture)
Blog Posts on PFAS Cases in Johnson County
Matt's El Rancho
Spanky's
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Join us for Episode #201 of the Ag Law in the Field Podcast as we delve into the exciting world of Agrivoltaics with special guest Hannes Zetzsche! Discover how solar energy and agriculture can not only coexist but thrive together, offering innovative solutions for sustainable land use and power generation. Don't miss this insightful conversation!
Contact Info for Hannes Zetzsche
Website
Email: lhzetzsche@bairdholm.com
Links to Topics Mentioned on the Show
Progressive Cattlemen Article
Dish Downtown
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Today marks a very special milestone for us here at the podcast. We are incredibly excited and honored to bring you our 200th episode!
To celebrate this momentous occasion, we have a truly unique and heartwarming conversation for you. Today, we're stepping away from our usual legal deep dives to bring you an interview with one of my favorite people, Lois Dowell, my Gran. This is an audio recording from a highschool project in 2002 and our family is so grateful that we were able to capture these memories.
So grab a cup of coffee, settle in, and join us for Episode #200 of Ag Law in the Field, featuring the wonderful Lois Dowell. You won't want to miss it!
Links to Topics Mentioned on the Show
Episode #100 with Tiffany’s Dad
Gran’s favorite candy recipe https://www.dtnpf.com/agriculture/web/ag/news/article/2023/11/01/taste-family-tradition
A couple of Gran stories
https://www.dtnpf.com/agriculture/web/ag/news/article/2019/06/01/one-dandy-scheme
https://alwaysafarmkid.wordpress.com/2024/05/08/gran-and-her-reward/
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
In this episode we are welcoming back Leah Davis to talk about an important estate planning issue. Before you leave land as an undivided interest, or inherit land titled this way, it is critical that you understand the concept of partition and how it can affect you and your land.
Contact Info for Leah Davis
Website
Email: ldavis@bmwb-law.com
Links to Topics Mentioned on the Show
Prior Podcasts by Leah
Prior Podcast by Shannon Ferrell
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
May is Mental Health Awareness Month. The topic of mental health is one that is near and dear to my heart. Because of that, we host podcast episodes each year related to this topic. To see a complete list of mental health-related episodes, click here.
Today, we are thrilled to have Chelsey Byers with us to chat with us about dementia and agriculture. Chelsey has a vast array of experiences with this issue and offers practical tips and pointers for families navigating this challenging diagnosis.
Contact Info for Chelsey Byers
(Email) clbyers@illinois.edu
(Website) https://extension.illinois.edu/staff/chelsey-byers
Links to Topics Mentioned on the Show
Farm Families Coping with Dementia (FFCD) Study link - https://gpcah.public-health.uiowa.edu/dementia-educational/
Dementia Stats - https://dementiadatahub.org/explore-data/map.html
What is Dementia - https://www.youtube.com/watch?v=s10iPESAHmI&t=1s
Local Area Agency on Aging (AAA): In Texas, search by zip code here - https://resources.hhs.texas.gov/pages/find-services
National Institute on Aging https://www.nia.nih.gov/
Alzheimer’s Association – https://www.alz.org/Alz.org
-
- 10 signs of dementia - https://www.alz.org/alzheimers-dementia/10_signs
- Seeking help - https://www.alz.org/alzheimers-dementia/memory-loss-concerns
- Getting a diagnosis - https://www.alz.org/alzheimers-dementia/diagnosis/medical_tests
- Current medications - https://www.alz.org/alzheimers-dementia/treatments
- Legal documents and Alz - https://www.alz.org/help-support/caregiving/financial-legal-planning/legal-documents
- Support groups - https://www.alz.org/help-support/community/support-groups
- Help line: https://www.alz.org/help-support/resources/helpline
Succession Planning: https://www.fbfs.com/learning-center/what-you-need-to-know-about-farm-succession-planning
Having a conversation to stop driving - https://www.thehartford.com/resources/mature-market-excellence/family-conversations-with-older-drivers
Referral systems and Community Services
211 – a one stop shop that offers referral to services relating to basic human needs, health insurance programs and employment supports: https://uwm211.org/
Find local services for older adults: https://eldercare.acl.gov/Public/Index.aspx
Local Services: https://acl.gov/ltc/basic-needs/finding-local-services
National Institute on Aging resources:
- Advance Care Planning: https://www.nia.nih.gov/health/advance-care-planning
- Long-term Care: https://www.nia.nih.gov/health/long-term-care
U.S Department of Veterans Affairs resources
Dementia caregiving resources and safety: https://www.va.gov/GERIATRICS/pages/Alzheimers_and_Dementia_Care.asp
VA Caregiver Support Program: https://www.caregiver.va.gov/
U of I Extension program - Communication challenges and strategies for helping people with dementia - When an individual has dementia, communication can be very difficult as the disease advances. Forgetfulness, agitation, repetition, and mood fluctuations can make interactions and caregiving stressful and frustrating, and many worry that they will say or do the wrong thing and make matters worse. Learn about common communication problems caused by Alzheimer’s disease and other dementias, and strategies for better interactions and visits.
Farm Hope is a program of Texas A&M AgriLife Extension & the Texas A&M Telehealth Institute offering free counseling services to any Texan involved in agriculture or their family members. Contact Dr. Mikaela Spooner for more information at 979-436-0700.
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
There has been a lot of buzz recently about the residual soil fertility tax deduction. We've got the facts and advice from two of the best in the business on this episode with Kristine Tidgren and Dario Arezzo! Before you purchase land or take a residual soil fertility deduction, this is a must-listen!
Contact Info for Kristine Tidgren
(Email) ktidgren@iastate.edu
(Website) https://www.ageds.iastate.edu/people/kristine-tidgren
Contact Info for Dario Arezzo
(Email) dario.arezzo@farmcrediteast.com
(Website) https://www.farmcrediteast.com/en/resources/meet-the-authors
Links to Topics Mentioned on the Show
Considering the Residual Fertility Deduction
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
In this episode of the Ag Law in the Field Podcast, Judith McGeary delves into the intricacies of Texas Cottage Food Law. If you're a home baker, a small-scale food producer, or simply curious about the regulations surrounding selling homemade food in Texas, this episode is a must-listen.
Contact Info for Judith McGeary
(Email) Judith@farmandranchfreedom.org
(Website) https://farmandranchfreedom.org/about/team/
Links to Topics Mentioned on the Show
Laboratory Services
Requests for Official Determination on Food Regulations
Texas Cottage Food Production
House Bill 2952
Senate Bill 2099
Senate Bill 541
House Bill 520
House Bill 2588
Farm and Ranch Freedom Alliance
National Ag Law Center 50 State Compilation of Cottage Food Laws
FARFA Cottage Food Law page
More info on Texas Cottage Food Law
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Understanding your property tax bill is crucial for any landowner, but what happens when you think it's wrong? In this episode, we dive into part two of this series on protesting your property taxes with Dr. Blake Bennett. Learn about the steps you need to take to challenge your assessment. Don't miss this essential information for Texas landowners!
Contact Info for Blake Bennett
(Email) b-bennett@tamu.edu
(Phone) 972-952-9273
Links to Topics Mentioned on the Show
Dr. Bennett previous podcasts
Protesting Your Property Taxes: Part 1
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Understanding your property tax bill is crucial for any landowner, but what happens when you think it's wrong? In this episode, we dive into the first part of a series on protesting your property taxes with Dr. Blake Bennett. Learn about the grounds for protest, the necessary documentation, and the steps you need to take to challenge your assessment. Don't miss this essential information for Texas landowners!
Contact Info for Blake Bennett
(Email) b-bennett@tamu.edu
(Phone) 972-952-9273
Links to Topics Mentioned on the Show
Dr. Bennett previous podcasts
Special use property tax valuation
Wildlife management property tax valuation
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Parks Brown is back with another new and emerging topic, pore space! Join in and listen as we walk through pore space and all the legal issues pertaining to it.
Contact Info for Parks Brown
(Email) pbrown@uhlfitzsimons.com
(Website) http://uhlfitzsimons.com
Links to Topics Mentioned on the Show
Previous podcast episodes
Produced Water from Oil and Gas Companies
Garcia's Mexican Food
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Get ready to dive deep into the world of agricultural and environmental law! We're fortunate to have one of the nation's leading environmental lawyers joining us today. Brigit will provide an in-depth overview of the current legal landscape surrounding Dicamba, a topic of significant interest and debate within the agricultural industry.
Contact Info for Brigit Rollins
(Email) brollins@uark.edu
(Phone) 707-494-3138
Links to Topics Mentioned on the Show
Brigit's prior Dicamba podcast episode
National Agricutlrual Law Center website
Dicamba decision vacating label
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Two of our favorites are back! Jim Bradbury and Jesse Richardson join me to talk about the Final Ag Law Lessons we could all learn from the hit TV Series Yellowstone.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Contact Info for Jesse Richardson
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Links to Topics Mentioned on the Show
Eminent Domain
Conservation Easements
Estate Planning
Succession Planning
Probate
Inheritance Tax
Capital Gains Tax
Farm Animal Liability Act
Will
Workers' Compensation
Prior Episodes with Jim Bradbury
Prior Episodes with Jesse Richardson
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
It's that time again! My friend, Paul Goeringer, and I team up every December to record our Ag Law Year in Review episode for my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast.
This year, our list included lots of interesting topics...see if you agree with our top legal issues. Be sure to check out our resource list at the end of the podcast! You can find these linked below as well.
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
Corporate Transparency Act Blogs
Corporate Transparency Act Podcast
Beef Cattle Electronic Tag Update
Beef Cattle Electronic Tag Update Podcast
Texas v. New Mexico Water Update
Ag Law in the Field Podcast
Texas Agriculture Law Blog
Texas Agriculture Law YouTube
AgRisk Library
Southern Ag Today
The National Agricultural Law Center
Ohio Agricultural Law Blog
Iowa State University - Cen
ter for Agricultural Law & Taxation
Dillon Law Blog
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
As we are closing in on the deadline for Pasture, Range, and Forage Insurance, we had Rachel Myers join us on the show today explaining all things related to "Rainfall Insurance". The deadline for 2025 sign-ups for PRF insurance is Dec. 1st!
Contact Info for Rachel Myers
(Email)
(Website)
Links to Topics Mentioned on the Show
RMA PRF Decision Support Tool
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
With the increase in direct beef sales businesses, we asked Audra Smith to join us on the show today. Audra has a number of clients in the direct beef sales space. We walk through the legal considerations for producers interested in this type of business.
Contact Info for Audra Smith
(Email)
(Website)
Links to Topics Mentioned on the Show
Where’s the Beef?: Legal and Economic Considerations for Direct Beef Sales
Where’s the Beef?: Legal and Economic Considerations for Direct Beef Sales - Workshop
Where’s the Beef?: Legal and Economic Considerations for Direct Beef Sales - Videos
Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food.
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
There is no shortage of legal news, regulations, and cases involving environmental marketing. Today, we have Natalie Rainer join us on the Ag Law in the Field Podcast to talk us through some of the major issues facing businesses when it comes to these types of issues.
Contact Info for Natalie Rainer
(Email)
(Website)
Links to Topics Mentioned on the Show
Previous Episodes with Nate Huff
FTC - "Green Guides"
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Today on the show, another Ag Law Legend, Don Uchtmann, joins us! Be sure to tune in and listen to how Don became interested in ag law, where his career took him, and the advice he has for new and upcoming lawyers.
Contact Info for Don Uchtmann
(Email)
(Website)
Links to Topics Mentioned on the Show
American Agricultural Law Association
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
September is National Suicide Prevention Month. In honor of that, we have Brian Reisinger on our Ag Law in the Field Podcast to talk about his family's story related to farm and ranch mental health.
Brian is the author of a new book - "Land Rich, Cash Poor," which offers an interesting overview of the history and cause of the decrease in the number of farms cross the United States. Additionally, Brian wrote a powerful opinion piece in USDA Today discussing the mental health crisis facing America's agricultural producers.
Above all, Brian's story is one of family, resilience, and hope.
If you or someone you know is struggling, please remember, you are not alone. There is help available. There is hope, even in the darkness.
Contact Info for Brian Reisinger
(Twitter): BrianJReisinger
Links to Topics Mentioned on the Show
USA Today Opinion Piece: https://www.usatoday.com/story/opinion/voices/2024/09/02/america-farms-mental-health-agriculture/74981037007/
Land Rich, Cash Poor book: https://a.co/d/8GkUME5
Farmers Angel Network https://www.farmerangelnetwork.com/
National Ag Law Center List of Mental Health Resources https://nationalaglawcenter.org/center-publications/family/mentalhealth/
National Suicide Lifeline: 988
Agristress Helpline: https://www.agrisafe.org/agristress-helpline/
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
This week we have Garrett Reed on the show. Garrett is in the agricultural law practice group at McAfee & Taft in Oklahoma City. We talk through the different types of common equine agreements, the importance of putting these agreements in writing, and some of the key contents that would be included in each agreement.
Contact Info for Garrett Reed
(Email) garrett.reed@mcafeetaft.com
(Website) https://www.mcafeetaft.com/bios/garrett-j-reed/
Links to Topics Mentioned on the Show
Prior podcasts
Progressive Cattlemen Article - Equine Agreements
National Agricultural Law Center - State Compilations
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
A recent ruling on Livestock Traceability is set to start in November. Listen in as Chelsea Good, Vice President of Government and Industry Affairs for the Livestock Marketing Association, explains the use of electronic identification eartags and when they need to be used!
Contact Info for Chelsea Good
Email: cgood@lmaweb.com
Phone: 816-305-9540
Links to Topics Mentioned on the Show
Prior Podcast Episodes
Interstate Livestock
Traceability Final Ruling
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
John Dillard, a Principal Attorney at OFW Law in Washington, DC, is on the show to help us walk through the recent USDA Regulations!
Contact Info for John Dillard
(Email) jdillard@ofwlaw.com
(Phone) 202-518-6349
(Twitter) @DCAgLawyer
(Website) https://www.ofwlaw.com/attorneys/john-g-dillard/
Links to Topics Mentioned on the Show
Prior John Dillard Podcasts
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Two of our favorite law professors are back! Jesse Richardson and Athony Schutz join me in discussing some of the decisions coming from the SCOTUS!
Contact Info for Jesse Richardson
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Contact Info for Anthony Schutz
(Website) https://law.unl.edu/anthony-schutz/
(Twitter) https://twitter.com/anthony_schutz
Links to Topics Mentioned on the Show
Prior Jesse Richardson Podcasts
Prior Anthony Schutz Podcasts
Duane Morris - Animal Law Development Blog
AALA - American Agricultural Law Association
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Join us this week as we talk with Shane Kiefer, a Certified Wildlife Biologist and a Senior Property Tax Consultant. Shane is discussing all the things Small Acreage Ladowners should consider and be aware of when buying property.
Info for Shane Kiefer
Website
Phone - 512-894-3479
Links to Other Topics
Access to landlocked property/easements - Podcast
Special Use Property Tax - Podcast
Wildlife Management Property Tax Valuation - Podcast
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Join us this week as Greg Lehrmann discusses the dos and dont's of 1031 Exchanges and lots of examples of what can be done with future funds!
Contact Info for Greg Lehrmann
Website
Links to Other Topics
Prior Blog Posts with Greg
Prior Podcasts with Greg
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Join us this week as we have frequent guests Shannon Ferrell and Dr. Bart Fischer return to the show! We are discussing our recent law review artricle looking at the unintended consequences of USDA payment limits on farm and ranch transition planning.
Contact Info for Shannon Ferrell
(Twitter) @shanferrell
Website
Contact Info for Dr. Bart Fischer
Website
Agricultural and Food Policy Center
Links to Other Topics
Past Podcasts with Shannon
Past Podcast with Dr. Bart Fischer
Law Review article
Southern Ag Today article
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
May is Mental Health Awareness Month. Grant Heinrich, a family farmer and agribusiness operator from the South Plains of Texas, shared his story in a powerful video focused on mental health and suicide in a farming family and community. Hear more about Grant's story and the impact the video had in this episode.
Links to Topics Mentioned on the Show
Grant's video
Prior podcast episodes on mental health
Contact Info for Miquela Smith
Website
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas
Join us this week as we discuss Brine Mining with Josh Ellis. Listen in and learn what Brine Mining is and what all it entails and what area of the State this might be happening in soon!
Contact Info for Josh Ellis
Website
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
Megan Houdeshel and Kayla Race from Dorsey and Whitney LLP join us this week to discuss recent climiate disclosure laws and regulations. We walk through new disclosure laws passed by California and the new disclosure rule issued by the SEC, and focus on how these laws may impact agriculture and agribusinsses.
Shortly after we recordeded this episode, the SEC announced it will stay the implementation of its climate rule due to pending litigation. The SEC said it will “continue vigorously defending” the rule’s validity in court, but believes that “justice so requires” a stay on the rule due to the ongoing litigation.
Contact Info for Megan Houdeshel
Website
Contact Info for Kayla Race
Website
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
With tax season right around the corner, you do not want to miss this podcast! Join us as we check in with Paul Neiffer and discuss the Top 10 Farm Tax Considerations you should think about before filing you taxes.
Contact Info for Paul Neiffer
Blog
Podcast
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
As producers and landowners are picking up the pieces after the Panhandle wildfires, there are a number of resources available to help. This episode highlights those resources and provides information about how others who are interested can help in the recovery efforts.
Dr. Bart Fischer from the Ag and Food Policy Center at Texas A&M University walks us through the various USDA programs for which those landowners and producers impacted by fires may qualify.
Dr. Monty Dozier explains the Texas A&M AgriLife Extension efforts on the ground, including the livestock supply points. He also highlights ongoing needs for those who may wish to donate.
Miquela Smith, MPH, reminds us of the importance of caring for our own mental health during this time and reminds us how important it is to watch out for our neighbors during this time.
If anyone has questions or needs additional information or resources, please do not hesitate to contact me at tdowell@tamu.edu or 806-677-5600, our podcast guests (info below), or your local County Extension Agent.
Contact Info for Dr. Bart Fischer
Website
Agricultural and Food Policy Center
Contact Info for Dr. Monty Dozier
Contact Info for Miquela Smith
Website
Links to Topics Mentioned on the Show
Texas A&M AgriLife Extension - Panhandle Wildfire Relief Resources
Texas Agriculture Law Blog Post about Resources
Prior podcast episode with Stephanie Fryer
Texas FSA Offices
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
This episode is one you do not want to miss! Listen in as repeat Garrett discusses his top 10 considerations for landowners when it comes to renewable energy leases!
Contact Info for Garrett Couts
Website
Links to Topics Mentioned on the Show
Previous Podcast Episodes
Solar Lease Podcast
Wind Lease Podcast
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
We've got one of the most knowlegable environmenal lawyers in the country here today to give us a rundown on some of the current legal issues imapcting agriculture and environmental law. We certainly had no shortage of topics to cover. As you will hear, there are a number of lawsuits related to pesticides around the country, including one that is moving so fast, we had to record an update a mere hour after we finished this episode! We also jump into the Clean Water Act to discuss where things stand with WOTUS and the County of Maui "functional equivalent test."
Contact Info for Brigit Rollins
(Email) brollins@uark.edu
(Phone) 707-494-3138
Links to Topics Mentioned on the Show
Brigit's prior Dicamba podcast episode
National Agricutlrual Law Center website
Dicamba decision vacating label
Existing stocks order (issued 1 hour after podcast was recorded)
EPA's new approach to ESA Section 7 consultation webinar information
EPA press release on Chlorpyrifos
Order denying motion to dismiss in pesticide antitrust litigation
National Agricultural Law Center WOTUS Update
Podcast about oral argument in County of Maui
Blog post about EPA guidance and court decisions applying County of Maui
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
On the show today we are welcoming back long time podcast guest, Amber Miller and first timer Ashley Pritle. Listen in as they discuss The Corporate Transparency Act and what is required of business entity owners moving forward!
Contact Info for Amber Miller
(Website) https://www.cdmlaw.com/attorneys/amber-s-miller/
(Email) amiller@cdmlaw.com
(Twitter) https://twitter.com/BradyAmber
Contact Info for Ashley Pirtle
(Website) https://www.cdmlaw.com/attorneys/ashley-n-pirtle/
(Email) apirtle@cdmlaw.com
(Twitter) https://twitter.com/BradyAmber
Links to Topics Mentioned on the Show
Business Entity Considerations for Farms and Ranches Episode #5
Vinson and Elkins - The Corporate Transparency Act
Vinson and Elkins - The Corporate Transparency Act - Subsidiary Exemption
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
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We have a great one for you today! Listen in as Robert Moore walks us through Long Term Care Considerations for Farm & Ranch Families! He has some excellent resources that we have linked below. It is never to early to start planning ahead. We hope you enjoy this one as much as we did!
Contact Info for Robert Moore
Email : moore.301@osu.edu
Website
Links to Topics Mentioned on the Show
Long Term Care in the Farm - Publication
Long Term Care Cost Calculator
Genworth Cost of Care Survey
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
We are kicking off 2024 with a bang! Damien Schiff and Timothy Bishop join us and discuss what it is like having a case in the Supreme Court and the two most recent cases they have had.
Contact Info for Damien Schiff
Website
Contact Info for Timothy Bishop
Email : tbishop@mayorbrown.com
Website
Links to Topics Mentioned on the Show
Previous National Pork Producers Council v. Ross podcasts
Previous Sackett v. EPA podcasts
Previous National Pork Producers Council v. Ross Blogs
Previous Sackett v. EPA blogs
Podcast Sponsors
Capital Farm Credit, AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, Texas Ranch Sales and AgTexas
It's that time again! My friend Paul Goeringer and I team up every December to record our Ag Law Year in Review that is then released on both my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast.
This year, our list included lots of interesting topics...see if you agree with our top legal issues.
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
Episode #137 - Jesse Richardson & Anthony Schutz (SCOTUS Ag Law Preview)
Episode #150: Jim Bradbury (Biden WOTUS Rule)
Blogs on WOTUS
Episode #118 - Beth Rumley (Animal Confinement Statutes)
Episode #154: Beth Rumley (National Pork Producers Council v. Ross)
US Supreme Court will Hear Proposition 12 Challenge
Blog Posts on Prop. 12
Episode #149: Jonathan Wood (Endangered Species Act)
Brigit Rollins Blog Posts
This week on the podcast, we were able to sit down with numerous people from AALA discussing their conference experience. Interested in attending AALA conference next year? Interested in joining AALA? This podcast is for you!
Links to Topics Mentioned on the Show
American Agricultural Law Association
Today on the show, another Ag Law Legend and my friend, John Huffaker, joins us! Be sure to tune in and listen to how John became interested in Ag Law, where his career took him, and the advice he has for new and upcoming lawyers.
Contact Info for John Huffaker
(Email) dodgerhuff@gmail.com
Links to Topics Mentioned on the Show
State Bar of Texas Huffaker CLE
Ryann Glen and Amanda Wall join us on the show today as we discuss all things "Ag Gag"! Listen in as they discuss the various states and the different "Ag Gag" laws surrounding them.
Contact Info for Ryann Glenn
(Email) RYANN.GLENN@HUSCHBLACKWELL.COM
(Website) https://www.huschblackwell.com/professionals/ryann-glenn
(Phone) 402.964.5220
Contact Info for Amanda Wall
(Email) AMANDA.WALL@HUSCHBLACKWELL.COM
(Website) https://www.huschblackwell.com/professionals/amanda-wall
(Phone) 402.964.5216
Links to Topics Mentioned on the Show
White Paper
US v. Alvarez:
Parks Brown is back on the show this week discussing a new and emerging topic! Join in and listen as we walk through carbon capture with sequestration pipelines and wells!
Contact Info for Parks Brown
(Email) pbrown@ufjbwlaw.com
(Website) http://ufjbwlaw.com/f-parks-brown/
Links to Topics Mentioned on the Show
Previous podcast episodes
For National Farm Safety and Health Week we sat down and talked with Dr. Josie Rudolphi! Dr. Rudolphi is an Assistant Professor at the University of Illinois whose main research topics include Agricultural Safety and Mental Health. Listen in as she discusses some tips and tricks and great programs that are in the works in the Northern States.
Contact Info for Dr. Josie Rudolphi
-
Email: josier@illinois.edu
-
Website:
Links to Topics Mentioned on the Show
Farm Safety's Power Couple
Previous podcasts
September is Suicide Prevention Awareness Month. Each year, Tiffany records a podcast in honor of this topic, and this year, her guest is Paul Moya. Tiffany and Paul, with their combined academic knowledge and personal experiences, unravel the complexities of mental health issues, especially in rural settings, shedding light on a topic often overshadowed by urban-centric narratives. Their expertise and connection to the rural heartland make their commentary both deeply insightful and profoundly relatable. Paul and Tiffany capably guide their listeners from the depths of the issue to the pinnacles of potential solutions, providing both a sense of hope and actionable direction.
Contact Info for Paul Moya
-
Email: paul@paulmoya.com
-
Website: https://paulmoya.com/#homeÂ
Links to Topics Mentioned on the Show
Ted Matthews Episode
Previous Episodes
988 Suicide and Crisis Lifeline
Phone - 988
This week we talked with Ag Law Legend Drew Kershen! Listen in as he walks us through the exciting things he got to accomplish over his career and how American Agricultural Law Association played a part in that!
Contact Info for Drew Kershen
-
Email:Â dkershen@ou.edu
-
Website:Â http://www.law.ou.edu/directory/drew-kershen
Links to Topics Mentioned on the Show
American Agricultural Law Association
2023 Annual Educational SymposiumÂ
Our friend J Pete Laney is back for a Texas Legislature Recap as has become tradition. J Pete and I talk through several key bills related Texas Agriculture as well as some bills that did not pass. It's always fun to chat with J Pete and get his on-the-ground knowledge about what's going on in Austin.
Contact Info for J Pete Laney
(website) http://www.jpetelaneylaw.com/
(phone) 512-473-0404
Links to Topics Mentioned on the Show
Right to Farm Statute - Blog Post
Amendments to the Right to Farm Statute
HB 1750
HB 2308
HB 2947
Constitutional Amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management
HJR 126
Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land
HB 73
A program to compensate landowners for property damage caused by certain criminal activities
SB 1133
Labeling of analogue and cell-cultured products
SB 664
Use of certain weapons in or on the bed or bank of a navigable river or stream; providing a penalty
SB 1236
Eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a surviving spouse
HB 2354
Late applications for the appraisal of land for ad valorem tax purposes as qualified open-space land following the death of the owner of the land
SB 1191
Burden of proof in certain ad valorem tax appeals
HB 2488
Creation of a specialty trial court to hear certain cases; authorizing fees
HB 19
Bills that did NOT pass
Purchase of or acquisition of title to real property by certain aliens or foreign entities
SB 147
Prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land
SB 552
Certain property interests of a foreign government in agricultural land
HB 1075
Permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees
SB 624
HB 3707
Ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee
HB 4484
Criteria considered by groundwater conservation districts before granting or denying a permit
HB 5052
Requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify
SB 1621
Contact info for Bryan Davis
(Email) bryan.davis@ag.tamu.edu
(Phone) 830-303-3889
(Website) https://guadalupe.agrilife.org/
Contact info for Cassie Gresham
(Email) cgresham@braungresham.com
(Phone) 512-894-5426
(Website) https://braungresham.com/
Contact info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
Cassie's Prior Podcast Appearances
Jim's Prior Podcast Appearances
Recreational Use Statute
Agritourism Act
Farm Animal Liability Act
Texas Limited Liability Statutes
Landowner Liability Statutes
Interested in Law School? You do not want to miss this episode! Listen in as talk about law school and everything that it contains.
Contact Info for Kara Blanchard
(Email) kara.blanchard@drake.edu
Contact Info for Carol Suzuki
(Email) suzuki@law.unm.edu
(Website) https://lawschool.unm.edu/faculty/suzuki/index.html
Contact Info for Garret Reed
(Email) garrett.reed@mcafeetaft.com
(Website) https://www.mcafeetaft.com/bios/garrett-j-reed/
Links to Topics Mentioned on the Show
The Law School Admission Council
Credential Assembly Service
The University of New Mexico School of Law
Drake University Law School
Texas Tech University School of Law
The University of Oklahoma College of Law
Episode #53: Advice for Potential Law Students
Ever wonder what a TSCRA Special Ranger does?!? Join us as Joey Aguilar shares some of his stories and tips from being a TSCRA Special Ranger!
Contact Info for Joey Aguilar
(Phone) 956-515-0297
(Website) Â https://tscra.org/district29/Â
Links to Topics Mentioned on the Show
Second Edition Five Strands
Owning Your Piece of Texas
Ranchers Agricultural Leasing Handbook
Owning Your Piece of Texas - Online Course
Two of our favorite law professors are back! Jesse Richardson and Anthony Schutz join me to give us an overview of the ruling in the Sackett v. EPA.
Contact Info for Jesse Richardson
(Email)Â jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter)Â @jessejames8785
Contact Info for Anthony Schultz
(Website)Â https://law.unl.edu/anthony-schutz/Â
(Twitter)Â https://twitter.com/anthony_schutzÂ
Links to Topics Mentioned on the Show
Supreme Court Decision
Turtles all the way down article
Prior Podcasts Jesse Richardson
Prior Podcasts for Anthony Schutz
SCOTUS Ag Law Preview
Clean Water ActÂ
California's Proposition 12 hearing has reached a ruling. Beth Rumley, Senior Staff Attorney at the National Agricultural Law Center joined me to explain what the rulings were and when they go into effect.Â
Contact info for Beth Rumley
(Email) erumley@uark.edu
(National Ag Law Center Twitter)Â Â https://twitter.com/nataglaw
Links to Topics Mentioned on the Show
Beth's prior podcast episode on animal confinement
Beth's prior podcast episode on slaughter laws
National Agricultural Law Center website
Beth's latest blog articleÂ
Texas Agriculture Law Blogs on Prop. 12
Prop. 12 Opinion
Access to Property and Landlocked Property is one of the topics that comes with the most questions. Be sure to listen in as Cassie Gresham talks to us about access to property and landlocked property myth-busting!
Contact info for Cassie Gresham
(Email) cgresham@braungresham.com
(Phone) 512-894-5426
(Website) https://braungresham.com/
Links to Topics Mentioned on the Show
Episode 28 - Easements and Land Locked PropertyÂ
Episode 75 - Special Use Property Tax Valuation
Easements Blog - Texas Agriculture Law Blog
Water Laws in Texas can be more complicated than you realize. Selling land with Water Rights? Leasing Water Rights from someone? Join us as Jason Hill covers these questions and more when it comes to Water Law in Texas.Â
Contact info for Jason Hill
(Phone) 512-806-1060
(Website) https://jthill.com/
Links to Topics Mentioned on the Show
Water Law FAQ Part 1
Texas Surface Water Law
Interstate Water Wars at the Supreme Court
Unanimous US Supreme Court: United States Can Participate as Party in Texas v. New Mexico
Public Right of Use for Texas Waterways
Have questions about Carbon Markets? Interested in learning more about the Carbon Industry? You do not want to miss this episode! Listen as Dr. Jordan Shockley explains what the Carbon Industry is and where we can go for more information.Â
Contact info for Jordan ShockleyÂ
(Email) jordan.shockley@uky.eduÂ
(Twitter) @Shock_N_AgMgmt
Links to Topics Mentioned on the Show
Additional Carbon Contracts Podcasts
Blog Posts on Carbon Contracts
Should I Sell Carbon Credits? -Â PublicationÂ
Jim Bradbury, one of our favorites, is back again on our podcast! Listen in as he discusses the changes to the WOTUS rule made under the Biden administration
Contact info for Jim Bradbury
(Email)Â jim@bradburycounsel.comÂ
(Website)Â http://bradburycounsel.com/
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
Jim's Prior Podcast Appearances
Overview of Biden WOTUS Rule
Jesse Richardson and Anthony Schultz - SCOTUS Ag Law Preview
ND Complaint
Join us as Jonathan Wood walks us through the Endangered Species Act along with some of the laws and regulations that go with it.Â
Contact info for Jonathan Wood Â
(Email) jonathan@perc.org
(Website) PERC
Links to Topics Mentioned on the Show
PERC Yellowstone Publications
PERC Articles by JonathanÂ
Dusky Gopher Frog Blog Article
Lesser Prairie Chicken Blog Article
Join us as Micah Brown walks us through Foreign Ag Land Ownership Laws that are being passed and considered in Texas and around the Country.
Contact info for Micah BrownÂ
(Email) mrb021@uark.eduÂ
(Website) The National Agricultural Law CenterÂ
Links to Topics Mentioned on the Show
Previous National Agricultural Law Center Guests
Wills are important no matter who you are. Listen as we discuss celebrities wills and estates.
Contact Info for Gerry Beyer
Texas Tech School of Law
Links to Topics Mentioned on the Show
Gerry Beyer Blog
Priscilla Presley
Ivana Trump
Kobe Bryant
Chadwick Boseman
Prior podcasts on estate planning:
Episode 140
Episode 69
Episode 65
Episode 8
Episode 146
Episode 53
Episode 40
Episode 126
Episode 13
Episode 73
The probate process is something that is a bit confusing and even more confusing can be ancillary probate. Garrett Cout is here today to explain what ancillary probate is and help walk us through different siutations when it comes to ancillary probate.
Contact Info for Garrett Couts
(Website)
Links to Topics Mentioned on the Show
Episode #73 - Transfer on Death Deeds V. Lady Bird Deeds
Transferring Property Prior to Death
Probate Blogs
Episode #40 Texas Probate ProcessÂ
Episode #54 Trusts
Episode #8 Settling Estate: Probate & Alternative to Probate
Two of our favorites are back and this episode is packing a punch! Jim Bradbury and Jesse Richardson join me to talk about Ag Law Lessons we could all learn from the hit TV Series Yellowstone.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Contact Info for Jesse Richardson
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Links to Topics Mentioned on the Show
Eminent Domain
Conservation Easements
Estate Planning
Landlocked Property
Fence Law
Direct Beef Sales Handbooks
Owning Your Piece of Texas Handbook
Prior Episodes with Jim Bradbury
Prior Episodes with Jesse Richardson
It's that time again! My friend Paul Goeringer and I team up every December to record our Ag Law Year in Review that is then released on both my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast.
This year, our list included lots of interesting topics...see if you agree with our top legal issues.
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
Sequestering Carbon: What to Think About With Carbon Contracts
Episode #117 - Anson Howard & Todd Janzen (Carbon Contracts)
Should I Sell Carbon Credits? A Decision Guide for Ranchers
Episode #137 - Jesse Richardson & Anthony Schutz (SCOTUS Ag Law Preview)
Episode #123 - Jim Bradbury (WOTUS Update - Biden Proposed Rule)
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
Episode #118 - Beth Rumley (Animal Confinement Statutes)
US Supreme Court will Hear Proposition 12 Challenge
Animal Law Developments
End of the Year Update on ESA
When I wanted to do a podcast about how criminal law and agricultural law intersect, there was only one person to call. Heath Hemphill is the current District Attorney in Coleman County, Texas, and he is also a fifth generation rancher. His experiences both in the courtroom and on the ranch gives him a unique perspective and some great stories to share today about situations where agricutlural law and criminal law meet.
Contact Info for Heath Hemphill
Website
Phone: 325-625-1316
Links to Topics Mentioned on the Show
List of Texas statutes
Blog post on criminal trespass
Criminal mischief statute involving damage to livestock fence (Texas Penal Code 28.03)
Hunting without consent statute
Discharge of firearm across property lines
Hunting lease licenses
Blog post on shooting drones
Texas theft statute (Texas Penal Code Section 31.03)
TSCRA Special Rangers
Texas law on cruelty to livestock animals
Blog post about law for dogs threatening livestock
Blog post on lien for damaged fences
Fence law handbook with chapter on estray livestock
Michelle Pardo is a Washington, DC based attorney who specializes in animal law. From circuses to aquariums, agriculture to zoos, Michelle has represented a number of clients around the country in litigation involving animals. Today, she gives us the rundown on legislation and litigation she is seeing in the animal industry.
Contact Info for Michelle Pardo
Website
Phone: 202-776-7844
Links to Other Topics on the Show
Blog post on Proposition 12
Prior podcast episode discussing Proposition 12
Prior podcast episode on ESG litigationÂ
Michelle Pardo is a Washington, DC based attorney who specializes in animal law. From circuses to aquariums, agriculture to zoos, Michelle has represented a number of clients around the country in litigation involving animals. Today, she gives us the rundown on legislation and litigation she is seeing in the animal industry.
Contact Info for Michelle Pardo
Website
Phone: 202-776-7844
Links to Other Topics on the Show
Blog post on Proposition 12
Prior podcast episode discussing Proposition 12
Prior podcast episode on ESG litigationÂ
I'm excited to have long-time food and agricultural law reporter, Helena Bottemiller Evich, join me to chat about the recent White House Conference on Hunger, Nutrition and Health. Helena gives us the rundown on what happened at the conference and highlights some of the key food policy issues to watch in 2023.
Contact Info for Helena
Email:Â info@foodfix.co
Food Fix newsletter
Links to Topics Mentioned on the Show
American Agricultural Law Association
Food Fix
White House Conference on Hunger, Nutrition, and HealthÂ
Biden-Harris Administration National Strategy on Hunger, Nutrition, and Health
When Shannon Ferrell called to pitch a podcast episode talking about what we can learn from the Royal Family and farm and ranch succession planning, you know I was excited! We chat about Shannon's family connection to the Queen and what lessons we can learn about farm and ranch succession planning from the recent royal family succession.
Shannon's Contact Info
Email) shannon.l.ferrell@okstate.edu
(Twitter) @shanferrell
Website
Links to Other Topics
Episode #13 - Shannon Ferrell (Farm & Ranch Transition Planning)
Episode #69 - Shannon Ferrell (Transition Planning and Lessons from the S Lazy H)
Episode #78 - Shannon Ferrell (Wind Leases)
Episode #130 - Shannon Ferrell (This World Is Better With You in It)
Oklahoma State University Farm Transitions resources
Successful Succession Video Series from Texas Corn Producers
Photo of Queen Elizabeth at Prince Phillips' funeral
Podcast on end of life documents in Texas
Meme about Queen Elizabeth and farm and ranch estate planning
Have you heard of Environmental, Social, and Governance (ESG") practices? Did you know these practices are leading to lawsuits filed against agribusinesses and ag producers? Today, Nate Huff joins us to chat about these "greenwashing lawsuits" and what agribusinesses and producers need to know.
Contact Info for Nate Huff
Website
Email:Â Nate.Huff@klgates.com
Phone: (919) 314-5636
Links to Topics Mentioned on the Show
Prior podcast episodes with Nate Huff
Nate's websiteÂ
Nate's Greenwashing article
FTC Green Guides
FTC Settlement Reports/Case List
September is Suicide Prevention Awareness Month. This is a topic that is extremely important to me, and one I feel very strongly about sharing on this podcast.
Today, I am thrilled to be joined by Maddie Caldwell. Maddie is a farm kid from Illinois who is open with her mental health struggle and suicide attempts in hope that by sharing her story, she will be able to help others who may be struggling in silence. As Maddie said at the close of the episode, "When we recover loudly, we keep others from dying quietly."
Contact Info for Maddie Caldwell
Facebook Profile
Instagram: @madcaldwell
Links to Topics Mentioned on the Show
- By Her Own Hand: A Farm Girl's Miraculous Journey from Death to Hope
- Breaking Taboo: Parent's Worst Nightmare, Child's Near-Fatal Decision
- Prior podcast episodes on mental health
-
National Suicide Prevention Hotline: 988
-
Farm Stress & Mental Health: Where Can You Turn from the National Agricultural Law Center
Two of our favorite law professors are back! Jesse Richardson and Athony Schutz join me to give us a preview of what is coming in the ag law realm this term from the US Supreme Court.
Jesse Contact Info
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Anthony Contact Info
(Website) https://law.unl.edu/anthony-schutz/
(Twitter) https://twitter.com/anthony_schutz
Links to Topics Mentioned on the Show
Prior podcast episodes featuring Jesse Richardson
Prior podcast episodes featuring Anthony Schutz
West Virgina v. EPA Opinion
SCOTUS Blog site for Sackett v. EPA
Law review article we wrote on WOTUS
SCOTUS Blog site for Proposition 12
Prior blog post on Ninth Circuit Proposition 12 case
Prior podcast episode on animal confinement statutes
Two of our favorite law professors are back! Jesse Richardson and Athony Schutz join me to give us a preview of what is coming in the ag law realm this term from the US Supreme Court.
Jesse Contact Info
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Anthony Contact Info
(Website) https://law.unl.edu/anthony-schutz/
(Twitter) https://twitter.com/anthony_schutz
Links to Topics Mentioned on the Show
Prior podcast episodes featuring Jesse Richardson
Prior podcast episodes featuring Anthony Schutz
West Virgina v. EPA Opinion
SCOTUS Blog site for Sackett v. EPA
Law review article we wrote on WOTUS
SCOTUS Blog site for Proposition 12
Prior blog post on Ninth Circuit Proposition 12 case
Prior podcast episode on animal confinement statutes
Luke Ellis is back! In our last episode, we talked through the recent Texas Supreme Court decision in Hlavinka v. HSC Pipeline.Today, we turn to the Texas Supreme Court decision in Miles v. Texas Central Railroad in a case deciding whether Texas Central has the lawful right to condemn for the proposed high speed rail between Dallas and Houston.
Contact info for Luke Ellis
(Email) Â lellis@mehlaw.com
(Website) Â https://mehlaw.com/attorneys/luke-ellis/
Links to Other Topics Mentioned on the Show
Prior podcast with Luke Ellis on Texas eminent domain lawÂ
Hlavinka v. HSC Pipeline blog post (includes link to opinion)Â
Miles v. Texas Central Railway blog post (includes links to opinions)Â Â
Blog post on access agreements for survey
Kelo v. New London
Luke Ellis is back! In our last episode, we talked through the recent Texas Supreme Court decision in Hlavinka v. HSC Pipeline.Today, we turn to the Texas Supreme Court decision in Miles v. Texas Central Railroad in a case deciding whether Texas Central has the lawful right to condemn for the proposed high speed rail between Dallas and Houston.
Contact info for Luke Ellis
(Email) Â lellis@mehlaw.com
(Website) Â https://mehlaw.com/attorneys/luke-ellis/
Links to Other Topics Mentioned on the Show
Prior podcast with Luke Ellis on Texas eminent domain lawÂ
Hlavinka v. HSC Pipeline blog post (includes link to opinion)Â
Miles v. Texas Central Railway blog post (includes links to opinions)Â Â
Blog post on access agreements for survey
Kelo v. New London
It's been a wild couple of months for eminent domain law here in Texas with two important opinions coming out of the Texas Supreme Court. Our friend and eminent domain lawyer, Luke Ellis, is here to give us the rundown on both of these cases, Hlavinka v. HSC Pipeline and Miles v. Texas Central Railroad.
In Part 1 of our discussion, we'll dive deep into the details and impact of the Court's decision in Hlavinka v. HSC Pipeline.
Contact info for Luke Ellis
(Email) lellis@mehlaw.com
(Website) https://mehlaw.com/attorneys/luke-ellis/
Links to Other Topics Mentioned on the Show
Prior podcast with Luke Ellis on Texas eminent domain law
Hlavinka v. HSC Pipeline blog post (includes link to opinion)
Miles v. Texas Central Railway blog post (includes links to opinions)
Denbury Green Pipeline-Texas v. Texas Rice Land Partners blog post (includes link to opinion)
What types of situations cause damage to rural land? What should a landowner do in the event they see damage from spray drift or oil and gas operations? These are the questions I chatted about with Lubbock-based attorneys Amber Miller and Eliott Nixon.
Contact Info for Eliott
Website
Email: enixon@cdmlaw.com
Contact Info for Amber
Website
Email: Amiller@cdmlaw.com
Twitter: @BradyAmber
Links to Topics Mentioned on the Show
Crenshaw, Dupree and Milam website
Links to Amber's prior podcast appearances
Prior blog posts on pesticide drift liability
Prior podcast episode on rights of surface owners dealing with oil and gas production
Prior podcast episode on surface use agreements
Fact sheet: Potential Spray Drift Damage: What Steps to Take
Blog post on case involving cattle and oil well
Prior podcast episode on insurance
One of the biggest employment law issues that can pop up for ag producers and ag businsses is distinguishing between an employee and an independent contractor. Today, I'm joined by David Barron to walk us through why this distinction matters and how to correctly categorize workers.
Contact Info for David Barron
(Website) https://www.cozen.com/people/bios/barron-david
(Phone) 713-750-3132
(Email) dbarron@cozen.comÂ
Other Topics Mentioned on the Show
Prior podcast on vaccine mandates
Prior podcast on employment law
Special use property tax valuation options are an important consideration for all Texas landowners. Today, Tim Milligan from Plateau Land & Wildlife joins me to chat about wildlife management valuation. How does it work? What is required? How does someone get started? Tim has all the answers!
Contact info for Tim
Email: tmilligan@plateauwildlife.com
Phone: 512-894-3479
Links to topics mentioned on the show
-
Plateau Land & Wildlife website
-
Plateau webinarsÂ
-
Prior property tax episode with Cassie Gresham
-
Texas Parks and Wildlife websiteÂ
Much of the western half of the United States, including Texas, is facing serious drought conditions. Today, I'm joined by Dr. Justin Benavidez, Texas A&M AgriLife Extension Economist to discuss some of the programs available to help producers manage risk during a drought. In particular, we're focusing on LFP, PRF, ELAP, NAP, and LIP.
Dr. Benavidez' Contact Information
Contact info for Dr. Justin Benavidez
(Email) justin.benavidez@ag.tamu.edu
(Blog) https://agrilife.org/amarilloagecon/
(Twitter) @amarilloagecon
Links to Topics Mentioned on the Show
Prior podcast with Dr. Benavidez on Beef Industry Hot Topics
Drought Monitor
Livestock Forage Protection Program Fact Sheet
LFP Program Eligibility Maps
Prior podcast on PRF insurance
USDA PRF Decision Tool
USDA PRF Frequently Asked Questions
ELAP Program Information
ELAP Fact Sheet
NAP Disaster Program Fact Sheet
LIP Fact Sheet
Justin's Blog
As has become a tradition, we are recognizing Mental Health Awareness month with an important conversation about mental health and agriculture. My friend, Shannon Ferrell, joins me to offer some great information, practical tips, and encouragement for anyone struggling.
Contact Info for Shannon Ferrell
(Email) shannon.l.ferrell@okstate.edu
(Twitter) @shanferrell
Website
Links to Topics Mentioned on the Show
Prior podcast episodes with Shannon Ferrell
- Wind Leases
- Farm & Ranch Transition Planning
- Transition Planning & Lessons from the S Lazy H
Prior mental health podcast episodes
- Ted Matthews (Farm & Ranch Families + Mental Health)
- Adrienne DeSutter (Agriculture + Mental Health Awareness Month)
- Lesley Kelly (Agriculture & Mental Health)
State Bar of Texas John Huffaker Ag Law Course
Dr. Matt Brosi at Oklahoma State University
Mental Health First Aid
QPR Institute
Oklahoma State University Farm Stress Website
National Agricultural Law Center Farm Stress and Mental Health: Where Can You Turn?
If we want someone who knows the in and outs of ag labor and immigration policy, it's Kristi Boswell. Throughout her career, she has worked on this issue. She joined us today to chat about the current issues with ag labor and immigration policy and some of the proposed changes that we have seen over the past several years.
Contact Info for Kristi Boswell
Website
Phone: 202.239.3236
Email: kristi.boswell@alston.com
Links to Topics Mentioned on the Show
- American Agricultural Law Association
-Prior podcast episode on H-2A Visa program
-Prior podcast episode on H-2A program in light of the COVID-19 pandemic
-2021 Notice of Proposed Rulemaking
-
Farmers.gov H-2A Educational Checklist
-
Farm Workforce Modernization Act of 2021
We had a listener request for a podcast episode about prescribed burn laws in Texas, and luckily, I knew just the guest to invite! Dr. Morgan Treadwell and I walk through the various laws and considerations for prescribed burns in Texas.
Contact Info for Dr. Morgan Treadwell
Phone: (325)657-7317
E-mail: Morgan.Treadwell@ag.tamu.edu
Twitter (@eXMorganRussell)
West Texas Rangelands blog
Links to Topics Mentioned on the Show
-
Texas Prescribed Burn Handbook
-
Online Prescribed Burning School
-
Prescribed Burning: Liability Considerations
-
Info on prescribed burn plans
-
Great Plains Fire Science Exchange
-
Joint Fire Science Program
-
Southern Fire Exchange
-
Texas Natural Resources Code Chapter 153
-
TDA list of Certified and Insured Prescribed Burn Managers
I'm thrilled to have Rob and Chris with us to share about Texas forestland and timber contracts. I learned so much from this podcast episode, and I'm confident you will too!
Contact Info for Rob Hughes
TFA Website
Email: rhughes@texasforestry.org
Twitter: @TFARobHughes
Contact Info for Chris Adams
Vision Forestry Website
Email: cadams@vision-forestry.com
Links to Topics Mentioned on the Show
-
Texas Forestry Association
-
Vision Forestry
-
Association of Consulting Foresters
-
Manual for the Appraisal of Timberland
-
Understanding & Evaluating Carbon Contracts
-
Carbon contract podcast episode
-
Local county forest landowner associations
-
Texas Accredited Foresters
-
Texas A&M Forest Service
-
Forestry organizations
-
Timber Price Trends
The use of entities like trusts, LLCs, and limited partnerships can be extremely useful in developing a good farm or ranch estate plan. Today, Leah Davis joins me to help talk us through some of the most commonly used entities, how they can be helpful, and how to choose the right option for you.
Contact Info for Leah Davis
Website
Email: ldavis@bmwb-law.com
Other Information Mentioned on the Show
Prior episode on business entities
Prior podcast episode on farm & ranch estate and transition planning
Prior podcast episode on transition planning and lessons from the S Lazy H
Prior podcast episodes on trusts
Texas Secretary of State business website
Prior podcast episode on transfer on death deeds
What questions should I ask when looking at a piece of property? What should I look out for? How do I know if this property is right for me? These were the types of questions that made me invite Clint Robinson on the podcast to offer tips to folks purchasing rural property in Texas.
Contact Info for Clint Robinson
Website
Phone:Â 806-786-3730
Email:Â clint@csmandson.com
Links to Topics Mentioned on the Show
I am so excited to have Emily Unglesbee join me to talk about some of the hot topics related to pesticides and herbicides in agriculture. We had lots to discuss...and even in the week since we recorded, there has been more news stories on these issues. Contact Info for Emily Unglesbee
Twitter: @Emily_Unglesbee
Links to Topics Mentioned on the Show
List of Emily's recent articles
Emily's article on new Enlist registrations
Emily's article on the Enlist county bans
Emily's article on Chlorpyrifos tolerance restriction
Emily's article on lawsuit seeking to hault Chlorpyrifos rule
Emily's artilce on dicamba damage in 2021
Emily's artilce on pending dicamba lawsuit
Blog post on 2020 Ninth Circuit dicamba ruling
Emily's artilce on improper interference with 2018 dicamba registration
Blog post on December 2020 dicamba registration
Emily's article "What the Endangered Species Act Means for Ag Pesticide Use"
Emily's artilce on potential pesticide shortages
Emily's artilce on the glyphosate force majeure declaration
You know if we're talking WOTUS, our guest has to be Jim Bradbury! Jim has walked us through the various WOTUS updates numerous times over the past five years. Today, he's here to give us an update on the new "waters of the United States" definition that has been proposed by the Biden administration.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
Episode #3 - Jim Bradbury (WOTUS Rule)
Episode #16 - Ask an Ag Lawyer Program Recap
Episode #29 - Jim Bradbury (WOTUS Update)
Episode #30 - Jim Bradbury (CERCLA Air Emissions Reporting & Agriculture)
Episode #51 - Jim Bradbury (WOTUS Update)
Episode #58 - Jim Bradbury & Jesse Richardson (Pros and Cons of Conservation Easements)
Episode #81 - Jim Bradbury (Navigable Waters Protection Rule)
The Clean Water Act and Agriculture: The Basics
Blog post on Navigable Waters Protection Rule
Proposed regulation from Biden Administration
Our friend, Trace Blair, is back! Trace joined me to walk us through the three limited liability statutes that exist to protect rural Texas landowners and ag producers. Specifically, this episode offers an update to the details and rules surrounding the Farm Animal Liability Act that went into effect on September 1, 2021.
Contact information for Trace Blair
(Email) tblair@wigrum.com
(Website) http://www.wigrum.com/attorneys/trace-blair/
Links to resources mentioned on the show
-
Prior episode with Trace Blair on hunting leases
-
Blog post on the Texas Recreational Use statute
-
Where Can I Find the Agritourism Act Signs?
-
Texas Farm Animal Liability Act statute
-
Article on the Waak case
-
Blog post discussing amendments to Farm Animal Liability Act
-
Texas Farm Animal Liability Act FAQs
We're excited to kick off the year joined by a super star in the ag media world, Ag Day anchor and Farm Journal editor, Clinton Griffiths. Clinton shares his story of becoming involved in ag media and offers us a few issues to watch in 2022.
Clinton's Contact Information
Twitter: @ClintonReports
Links to Other Topics Mentioned on the Show
Ag Day
Farm Journal
Story on tornado victims
Story on OK turkey hunter surviving wildfire
Interview with Undersecretary Robert Bonnie on climate smart agriculture
My podcast episode on carbon contracts
Carbon contract webinar hosted by Clinton
Sustainable aviation fuel article
Thank you to our sponsors!
Ag Workers Insurance
Lone Star Ag Credit
Texas & Southwestern Cattle Raisers Association
Texas Farm Credit
Texas Corn Producers
Capital Farm Credit
It's that time again! My friend Paul Goeringer and I team up every December to record our Ag Law Year in Review that is then released on both my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast.
This year, our list included lots of interesting topics...see if you agree with our top legal issues.
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
-
2020 Ag Law Year in Review podcast episode
-
Blog post on the Clean Water Act and agriculture
-
Blog post on the Navigable Waters Protection Rule
-
Biden Administration proposed WOTUS rule
-
Carbon contracts podcast episode
-
Proposition 12 podcast episode
-
National Pork Producers Council & AFBF US Supreme Court Petition for Certiorari
-
Blog post on District Court decision in beef checkoff litigation
-
Beef checkoff litigation podcast with Harrison Pittman
-
Mississippi v. Tennessee opinion (blog post coming next week!)
-
Blog post on Florida v. Georgia
-
Cause for my reference to Alan Jackson
-
Interstate water wars podcast episode
-
Estate tax blog post
-
Capital gains tax blog post
-
Capital gains tax podcast episode
-
Estate tax podcast episode
-
American Agricultural Law Association
Recently, I heard Joe Miller and Nowell Berreth speak about the recent OSHA vaccine mandate and agriculture. I knew I had to have them on the podcast to have this same conversation. Learn about the current status of the OSHA mandate, what the mandate contains, and the legal precedent is for challenges to these types of mandates.
Contact Info for Joe Miller
(LinkedIn) https://www.linkedin.com/in/joe-miller-1847aba/Â
Contact Info for Nowell Berreth
(Website) https://www.alston.com/en/professionals/b/berreth-nowell-d/Â
California's Proposition 12, an animal confinement statute that will likely have impacts across the United States, is set to go into effect on January 1, 2022. Beth Rumley, Senior Staff Attorney at the National Agricultural Law Center joined me to explain what's going on.
Contact info for Beth Rumley
(Email) erumley@uark.edu
(National Ag Law Center Twitter)Â https://twitter.com/nataglaw
Links to Topics Mentioned on the Show
Beth's prior podcast episode on slaughter laws
National Agricultural Law Center website
National Ag Law Center state animal confinement law compilation
Prior article on Proposition 12Â
If you have read any agricultural news recently, you know that carbon has been an extremely hot topic. Before entering into a carbon storage agreement, it is critical to carefully evaluation and understand the terms of the particular contract. I'm joined by attorneys who have worked on these contracts, Anson Howard on the rangeland side and Todd Janzen for farmers.
Contact info for Todd Janzen
(Website)Â http://www.aglaw.us/Â
(Blog)Â http://www.aglaw.us/janzenaglaw/Â
(Twitter)Â https://twitter.com/JanzenLawÂ
(Phone) 317-855-9920
Contact info for Anson Howard
(Website) https://ufjbwlaw.com/about/anson-howard/
(Phone) 210-829-1660
Links
Right to Repair podcast with Todd Janzen
American Agricultural Law AssociationÂ
We are wrapping up our Day in the Life of an Ag Lawyer series today with Peggy Hall. Like me, Peggy has spent her career in academia. She teaches students and has an Extension role working with farmers at Ohio State University. On today's show, she shares her story and what she loves about her job!
Contact Info for Peggy Hall
Phone: 937-644-8117
Email: aglaw@osu.edu
Links to Other Topics Mentioned on the Show
Ohio Agricultural Law Blog
Farmland Owner's Guide to Solar Leasing
American Agricultural Law Association
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
I loved this conversation with my friend Mike Traxinger. Mike's journey took him from Washington DC back home to the family farm in South Dakota, where he serves as in house counsel for Agtegra Cooperative. Mike gives us a great look at what it is like to be in house counsel for an agricultural business.
Contact Info for Mike Traxinger
Phone:Â (605) 725-8325
Email:Â mike.traxinger@agtegra.com
Links to Other Topics Mentioned on the Show
Agtegra CooperativeÂ
Prior podcast with Jeff Peterson
American Agricultural Law AssociationÂ
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
As you may know if you're a long-time listener, mental health is a topic that is near and dear to my heart. With September being National Suicide Prevention Month, I wanted to do an episode focused on mental health in the agriculture context.
So I reached out to Ted Matthews. He has spend his career working with farm and ranch families and now works as a counselor and director of the Rural Minnesota Mental Health Specialists. This organization is state funded and offers counseling to farmers and rural residents in Minnesota free of charge.
Ted joined me on this podcast to talk about the importance of prioritizing mental health, what unique stressors face farm and ranch families, and some tips for those involved in agriculture.
Ted's Contact Information
(Phone) 320-266-2390
Website
Links to Topics Mentioned on the Show
Minnesota Farm & Rural Helpline: 833-600-2670
Ted's You Tube channel
National Ag Law Center compilation of mental health resources by state
National suicide prevention hotline
Prior mental health podcast with Adrienne DeSutter
Prior mental health podcast with Lesley Kelly
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
When I decided I wanted to do a policy episode in this Day in the Life series, there was no one that could have been the guest besides Ray Starling. Not only is Ray brilliant and hilarious, but he has had a host of career experiences including serving as a staffer in the US Senate, an advisor to the President at the White House, and as Chief of Staff for the US Secretary of Agriculture. Ray shares some really interesting stories and tips that you don't want to miss!
Contact Info for Ray Starling
Website
(Email) rstarling@ncchamber.com
(Phone) (919) 836-1405
Info on Other Topics Mentioned
Short Rows Leadership
American Ag Law Association
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
We're excited to continue our five-part series called A Day in the Life of an Ag Lawyer. We will visit with ag attorneys around the country in a variety of roles from law firm to in house, government to policy. Our hope is this will give listeners an idea what different opportunities are available in the realm of agricultural law.
Today, we're taking a look at the large firm life. We're excited to have our friend, Nate Huff, join us to give us a glimpse at her practice.
Contact Info for Nate
Website
Links to Topics Mentioned on the Show
Prior podcast episode with Nate about the Supreme Court argument in County of Maui v. Hawaii Wildlife Fund
Prior podcast with Nate and Brandon Davis about COVID and H2A Visas
Phelps Dunbar website
Karen Carr bio
Kirk Maag bio
American Agricultural Law Association
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
We're excited to kick off a five-part series called A Day in the Life of an Ag Lawyer. We will visit with ag attorneys around the country in a variety of roles from law firm to in house, government to policy. Our hope is this will give listeners an idea what different opportunities are available in the realm of agricultural law.
We kick things off looking at life in a small law firm. We're excited to have our friend, Brianna Schroeder, join us to give us a glimpse at her practice.
Contact Info for Brianna
Website
Twitter: @schroederindy
Links to Topics Mentioned on the Show
Janzen Schroeder Ag Law
Schroeder Ag Law Blog
Prior podcast episode with Brianna on consumer impact on livestock production
American Agricultural Law Association
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Our friend J Pete Laney is back for a Texas Legislature Recap as has become tradition. J Pete and I talk through several key bills related to agriculture introduced in the 87th Texas Legislature. It's always fun to chat with J Pete and get his on-the-ground knowledge about what's going on in Austin.
Contact Info for J Pete Laney
(website) http://www.jpetelaneylaw.com/
(phone) 512-473-0404
Links to Topics Mentioned on the Show
J Pete's prior podcast episode
HB 365
Blog post on HB 365
Article on HB 365
HB 2730
HB 4107
HB 3833
HB 1480
HB 1070
SB 760
Blog post on wind bill from 2019 session
HB 5
HB 222
HB 2004
SB 1118
HB 3081
HB 3948
HB 316
SB 1145
HB 2652
HB 3619
SB 152
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Parks Brown is back with us to continue our energy law update. In our first episode last week, we talked about oil and gas, and now we will shift gears and chat about renewable energy.
Parks' Contact Information
(Email) pbrown@ufjbwlaw.com
(Website) http://ufjbwlaw.com/f-parks-brown/
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Links to Topics Mentioned
Solar Leasing Podcast Episode with Parks Brown
Surface Owner Rights Podcast Episode with Parks Brown
Wind Leasing Podcast Episode with Shannon Ferrell
Blog post on Lyle v. Midwest Solar
We are thrilled to have Parks Brown back on the podcast to give us an update on oil and gas in Texas. We talk through what has been going on in the market, as well as a great case law update.Â
Parks' Contact Information
(Email)Â pbrown@ufjbwlaw.com
(Website)Â http://ufjbwlaw.com/f-parks-brown/Â
Links to Topics Mentioned
Solar Leasing Podcast Episode with Parks Brown
Surface Owner Rights Podcast Episode with Parks BrownÂ
Blog post on Bluestone Resources v. Randle
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
He's back... Everyone's favorite water law professor returns to the podcast today to chat about three major interstate water disputes at the US Supreme Court.
Jesse's Contact Info
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Links to Topics Mentioned on the Show
Jesse's prior Ag Law in the Field podcast appearances
Blog Post on Florida v. Georgia decision
Blog Post on Texas v. NM case
Blog post on Texas v. NM Pecos River decision
Jesse's recorded presentation on Water Wars
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
May is Mental Health Awareness Month. The conversation about mental health and agriculture is one that is really important to me, so I knew I wanted to have someone on the show to talk about this topic. When I heard Adrienne DeSutter, a farm wife and counselor from Illinois, as part of a panel at Commodity Classic, I knew she was just the voice we needed. Adrienne and I discuss why this is such a critical issue for agriculture, what we can all do to help improve and protect our mental health, and she offers some encouragement for those dealing with issues like anxiety, depression, and suicide.
Contact Info for Adrienne
Email: adriennedesutter7@gmail.com
Twitter: @SowHopeGrowHope
Links to Related Topics
Commodity Classic's Mental Health on the Farm panel
Prior podcast episode on mental health with Lesley Kelly
National suicide prevention hotline
Avera Farm and Rural Stress Hotline
National Ag Law Center Farm Stress & Mental Health: Where To Turn (state-by-state resource list)
Psychology Today Find a Therapist
Ag State of Mind Podcast
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
With deep roots in East Texas, Greg Phillips has a passion for helping landowners deal with heirs property issues. Today on the podcast, he explains what causes heirs' property issues and how they can be avoided or potentially dealt with.
Greg's Contact Information
Website
Phone number:Â (844) 385-3220
Links to Topics Mentioned on the Show
Sustainable Forestry & African American Land Retention ProgramÂ
Texas Uniform Partition of Heirs' Property ActÂ
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Today, we're continuing to discuss dealing with the FSA (Farm Service Agency) and NRCS (Natural Resources Conservation Service) that we kicked off last week with Stephanie Fryer.
Today, Dr. Bart Fischer walks us through some of the most common programs available through the FSA and NRCS Offices.
Contact Information for Dr. Fischer
Website
Email: bartfischer@tamu.edu
Phone: 979.845.5913
Links to Topics Mentioned on the Show
Texas A&M Agriculture and Food Policy Center Website
Podcast episode with Stephanie Fryer on dealing with the FSA and NRCS Office
Find your local FSA/NRCS service center
ARC - PLC Decision Tool
Prior podcast on crop insurance
Prior podcast on crop insurance disputes
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Today, we're kicking off a two-part series about the local USDA and NRCS office on the podcast. Stephanie Fryer will be here today to talk about tips and tricks for dealing with your local office. Stephanie's background as a farmer, former FSA county executive director, and current attorney give her a great varied perspective on working with your local offices!
Next time, stay tuned for my chat with Dr. Bart Fischer about some of the most common programs available through both FSA and NRCS.Â
Links to Topics Mentioned on the Show
Prior podcast with Stephanie on Trusts
Prior podcast with Stephanie on the TX Probate Process
USDA local office locator
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
'Tis property tax season here in Texas with a number of deadlines coming up by the end of April. Dr. Blake Bennett joins me to chat about the available property tax exemptions for property owners in the Lone Star State.
Contact Info for Blake Bennett
(Email) b-bennett@tamu.edu
(Phone) 972-952-9273
Links to Other Topics Mentioned on the Show
Prior podcast on special use property tax valuation
Texas Comptroller website for property tax exemptions
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
I'm thrilled to have Mary-Thomas Hart from NCBA on the podcast to address an emerging environmental issue that I had never heard of before...PFAS. This is a topic that is not going away and raises both human health concerns and major potential issues for the agriculture industry.
Contact Info for Mary-Thomas Hart
Email:Â mhart@beef.orgÂ
Links to Topics Mentioned on the Show
-SCOTUS Oral Argument Recap podcast episode
- Article about PFAS contamination and New Mexico dairy
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Can you believe we've hit 100 episodes? To celebrate, I thought it would be fun to bring one of my favorite people on the show...my Dad. We had what I think is a really interesting conversation about the ag law issues he's seen play out over his lifetime on our family farm and ranch.
Links to Topics Mentioned on the Show
Dowell Show Lambs
Prior episode on estate planning and study on issues with leaving the farm in equal, undivided interest
Prior episode on Farm and Ranch Transition Planning
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Congress recently passed a bill creating a Livestock Dealer Statutory Trust, with a goal of helping livestock producers or sellers if they are in a situation where they are not paid for their animals. Chelsea Good, Vice President of Government and Industry Affairs for the Livestock Marketing Association, is here to explain what this new legislation does and how it works.
Contact Info for Chelsea Good
Email: cgood@lmaweb.com
Phone: 816-305-9540
Links to Topics Mentioned on the Show
Prior podcast episode with Jara Settles
LMA policy webpage
USDA Feasibility Study re: Dealer Statutory Trust
Prior podcast episode on Hot Topics in Ag Finance Law with Jeff Peterson
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
Grant Ballard is a nationwide expert on litigating crop insurance disputes on behalf of farmers. Today, he talks to us about crop insurance generally, offers tips for producers who purchase crop insurance, and gives us a rundown on two of his most impactful cases.
Contact Info for Grant Ballard
Website
Email: gballard@arkaglaw.com
Links to Topics Mentioned on the Show
- Occidental v. Bush
- Owen v. FCIC
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Lone Star Ag Credit
There have been a number of issues related to agricultural finance in the news recently, so I am thrilled to have Jeff Peterson joining us from Minnesota to walk us through some of the hot topics related to ag finance law. We discuss the Dean Foods preferential payment letters, which many dairy farmers received, dealing with operating debt that the lender may not be willing to roll over, and about non-payment for livestock.
Contact Info for Jeff Peterson
Website
Email: jeffrey.peterson@lathropgpm.com
Links to Topics Mentioned on the Show
Article on background of Dean Foods letters
Podcast episode on dealing with distressed agricultural loans featuring Michael Fielding
National Agricultural Law Center reading room for agricultural liens by state
Texas Rural Mediation Services
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
Happy New Year and welcome back to our podcast guest, Jake Parker. At the end of 2020, there were major developments by way of an appellate court decision and settlement announcement in nuisance lawsuits involving hog farms in North Carolina. Jake is here to walk us through the opinion, settlement, and an update on the legal challenge to the NC Right to Farm Act.
Contact Info for Jake Parker
Email: jake.parker@ncfb.org
Phone: 919-782-1705
Twitter: @jakeparkerjr
Links to Other Topics Mentioned on the Show
Jake's first podcast appearance
Jake's second podcast appearance
My blog post on the Fourth Circuit opinion
Right to Farm podcast with Ashley Ellixson
Thank you to our Sponsors!
Capital Farm Credit
Texas Corn Producers
Texas & Southwestern Cattle Raisers
Ag Workers Insurance
We're back for our fourth annual ag law year in review! Paul Goeringer and I walk through several of the biggest ag law stories across the country.
The list this year includes: Dicamba, the Clean Water Act, Right to Farm/Nuisance, and Beef Checkoff litigation.
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
-
2020 Ag Law Year in Review blog post
-
Dicamba podcast with Brigit Rollins
-
Blog post on new Dicamba product registration through 2025
-
Blog post on Navigable Waters Protection Rule
-
Navigable Waters Protection Rule podcast with Jim Bradbury
-
Blog post on County of Maui v. Hawaii Wildlife Fund opinion
-
Podcast episode recapping County of Maui oral argument
-
Podcast episode with Jesse Richardson and Anthony Schutz on County of Maui opinion
-
Blog post on Fourth Circuit opinion in NC nuisance case
-
Blog post on Montana District Court opinion in beef checkoff case
-
Beef checkoff podcast with Harrison Pittman
If there is one thing we know farmers and ranchers like to do, it's to have difficult conversations about their feelings and future plans, right?
Although these conversations may not be enjoyable, they are extremely important in order to ensure the success of the transition of a farm from one generation to the next.
Today, Jill Mader, a farm transition facilitator, joins me to talk about the importance of these conversations and offer some great tips for how to get started, what to discuss, and how to reach common ground.
Links to Other Information Regarding Transition Planning
Farm & Ranch Transition Planning podcast episode with Shannon Ferrell
Transition Planning and Lessons from the S Lazy H podcast episode with Shannon Ferrell
Oklahoma State University Farm Transitions Handbook
When can a farmer save seed to use again for the next season? What protections are in place for seed companies to prevent the illegal use or sale of seed? What protections are offered by patent law, the Plant Variety Protection Act, and license agreements?
These are the questions I sat down with Arkansas-based attorney, Joel Cape, to discuss. Joel has represented seed companies, seed sellers, and growers in navigating these legal issues.
Contact Info for Joel Cape
Website
Links to Topics Mentioned on the Show
Asgrow Seed Co v. Winterboer
Bowman v. Monsanto
I am not even sure where to start with this one. I suppose we start either with the chicken or the egg. When criminal law attorney, Andrew Decker, had a case involving poultry that resulted in a criminal complaint, he found himself digging into the Texas Agriculture Code because his argument depended on open versus closed range law. When I got a phone call where a domestic turkey owner was facing criminal charges--I knew just who to call.
Listen in for a couple of wild stories where some birds roamed and we ended up with a couple of cases where ag law met criminal law.
Contact Information for Andrew Decker
(Website) https://www.andrewdeckerlaw.com/
(Phone) 817-332-3822
Links to Topics Mentioned on the Show
-
Andrew & Andrew on Texas Criminal Defense podcast
-
My episode on hemp and criminal law on Andrew's podcast
-
Ag Law in the Field Podcast episode on agriculture and mental health
-
Andrew's podcast on the chicken killing case
-
Ag Law in the Field Podcast episode on Fence Law
-
Five Strands handbook
-
Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know (Chapter 6 on Fence Law)
Family law is not my forte, which is why I contacted Stacey Barber to come and give us a lesson today! Stacey is a family law attorney in Lubbock, TX and she did a great job of talking about community property. Â
What is the law in a community property state? What is the difference between community and separate property? When does this distinction matter? Â
Contact Info for Stacey Barber
Website
Links to Topics Mentioned on the Show
Blog post on Texas case involving cattle and community property
National Ag Law Center Family Law Issues in Agriculture Fact SheetÂ
This topic is a little different than our normal agricultural law focus. The topic of mental health is one that is extremely important to me. Agriculture and rural America has to do a better job of talking about mental health challenges and working to make positive changes. Our lives literally depend on it.
Today, I am thrilled to visit with Canadian farmer, Lesley Kelly. Lesley is the co-founder of the Do More Agriculture Foundation, a non-profit with the goal of being "champions for the mental wellbeing of all Canadian producers" and a goal of "changing the culture of Agriculture to one where all producers are encouraged, supported and empowered to take care of their mental wellbeing."
Lesley's Contact Information
Facebook https://www.facebook.com/highheelsandcanolafields
Twitter https://twitter.com/lesleyraekelly
Email lesley@highheelsandcanolafields.com
Links To Topics Mentioned on the Show
High Heels and Canola Fields
What the Farm Podcast
Do More Agriculture Foundation
National Ag Law Center, Farm Stress & Mental Health: Where To Turn
National Suicide Prevention Lifeline
Did you know that before a transmission line may be built in Texas, there is an entire proceeding before the Public Utility Commission in Texas? Did you know that landowners potentially affected by a proposed transmission line are able to participate in that process?
Brent Hamilton is here today to discuss the PUC process that applies to transmission lines and offers a few tips for landowners negotiating an easement for a transmission line.
Contact Info for Brent Hamilton
-
Website
-
Contact Form
Links to Topics Mentioned on the Show
-
Podcast: Eminent Domain FAQs with Zach Brady
-
Podcast:Â Eminent Domain in Texas with Luke Ellis
-Podcast:Â Eminent Domain and Compensation with Jim Spivey
Eminent domain is one of the most popular topics we cover. Today, we are focusing on the important issue of compensation when property is being condemned. San Antonio-based attorney, Jim Spivey, joins us to talk us through many helpful concepts related to compensation, and offers important tips to Texas landowners dealing with eminent domain.
Contact Info from Jim Spivey
Website
Law Firm of Spivey Valenciano, PLLC Facebook Page
Eminent Domain for Texans Facebook Group
Links to Topics Mentioned on Show
Podcast - Eminent Domain FAQs with Zach Brady
Podcast - Eminent Domain in Texas with Luke Ellis
Eminent Domain in Texas - A Landowner's Guide
Blog post on Hlavinka decision
The Beef Checkoff Program is no stranger to litigation. Today, Harrison Pittman joins me to talk about legal challenges to the Beef Checkoff programs, looking at the landmark decision in Johanns up to the more recent R-CALF v. Perdue.
Harrison's Contact Information
Biography
Email: hmpittm@uark.eduÂ
Links to Topics Mentioned on the Show
National Agricultural Law Center Website
National Agricultural Law Center Reading Rooms
Johanns v. Livestock Marketing Association Opinion
R-CALF v. Perdue Opinion
Blog post on R-CALF v. Perdue Opinion
Janus v. State, County and Municipal Employees Council
I'm really excited to have John McFarland, an oil and gas attorney who practices representing land and mineral owners and authors the popular Oil and Gas Lawyer Blog, on the show. John is here to focus specifically on oil and gas royalties and the various legal issues that come up in that area.
Contact John McFarland
Website
BlogÂ
Links to Topics Mentioned on the Show
Oil and Gas Lawyer Blog
Checklist for Negotiating an Oil and Gas Lease Â
Podcast #33 Nicholas Miller (Negotiating an Oil and Gas Lease)Â
There is no one who knows more about liens in Texas than our guest, David LeBas. David graciously took time to walk us through several of the agricultural liens in Texas and explained how they apply and what a person must to in order to perfect these liens.
Contact Info for David LeBas
Website
Mandatory Country of Origin Labeling. Packer investigations and litigation. Trade. Slaughter regulations.
These are just some of the topics related to the beef industry that have been in the news recently. I went to some of the leading experts in the country to talk us through these issues to help understand what has been going on and the economics and law behind these issues.
Contact info for Dr. David Anderson
(Email) danderson@tamu.edu
(Phone) (979) 845-4351
(Twitter) @LivestockEcon https://twitter.com/LivestockEcon
Contact info for Dr. Justin Benavidez
(Email) justin.benavidez@ag.tamu.edu
(Blog) https://agrilife.org/amarilloagecon/
(Twitter) @amarilloagecon https://twitter.com/AmarilloAgEcon
(Facebook) @Amarillo AgEcon https://www.facebook.com/AMAAgEcon/
Contact info for Beth Rumley
(Email) erumley@uark.edu
(National Ag Law Center Website) https://nationalaglawcenter.org/
(National Ag Law Center Twitter) @nataglaw https://twitter.com/nataglaw
Links to Topics Mentioned on the Show
NDSU, TAMU, WVU podcast series on beef industry topics
TAMU Center for North American Studies website
Dr. Justin Benavidez Amarillo Ag Econ blog
National Agricultural Law Center website
National Agricultural Law Center reading rooms
National Agricultural Law Center meat processing laws in the US
Tiffany Lashmet is a partner of the National Agricultural Law Center (www.nationalaglawcenter.org) at the University of Arkansas System Division of Agriculture, which serves as the nation’s leading source of agricultural and food law research and information. This material is provided as part of that partnership and is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
Bart Fischer is an ag policy big wig, so we were thrilled to have him on the show to give us an overview of the recently announced Coronavirus Food Assistance Program (CRAP) program. Bart give us a great rundown of the program, the various provisions, and some of the issues or questions that have arisen so far. Don't forget that the CFAP sign up is open now through August 28, 2020.
Dr. Bart Fisher's Contact Info
(Phone) 979.845.5913
(Email) bartfischer@tamu.edu
Links to Topics Mentioned on the Show
AFPC Overview of CFAP Program paperÂ
Dicamba has been the big ag law news story over the last week. Brigit Rollins is here to chat all about the US Court of Appeals opinion vacating the federal registration for Xtendimax, FeXapan, and Engenia. We walk through the background of the products, rundown the facts of the case, discuss the details of the court's opinion, and speculate on where things may go from here. We also chat about the other litigation involving these products related to drift claims. If you want to get caught up on everything in one place, we've got you covered!
Contact Info for Brigit Rollins
(Email) brollins@uark.edu
(Phone) 707-494-3138
Links to Topics Mentioned on the Show
-
Brigit's Deal with dicamba blog seriesÂ
-
Blog post on Ninth Circuit decision
-
Blog post on EPA Final Cancellation Order
-
Prior podcast episode on dicambaÂ
He's back...
Our friend Jim Bradbury is back again to talk about the latest definition of "waters of the United States" under the Clean Water Act. The Trump administration's "Navigable Waters Protection Rule" will be final on June 22, 2020 and Jim is here to walk us through the new rule, how it compares with the Obama adminstration's 2015 WOTUS Rule, and where we go from here.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) @jimbluewind
Links to Topics Mentioned on the Show
Episode #3 - Jim Bradbury (WOTUS Rule)
Episode #16 - Ask an Ag Lawyer Program Recap
Episode #29 - Jim Bradbury (WOTUS Update)
Episode #30 - Jim Bradbury (CERCLA Air Emissions Reporting & Agriculture)
Episode #51 - Jim Bradbury (WOTUS Update)
Episode #58 - Jim Bradbury & Jesse Richardson (Pros and Cons of Conservation Easements)
Text of the Navigable Waters Protection Rule
National Ag Law Center blog post on litigation challenging NWPR
The recent United States Supreme Court decision in County of Maui v. Hawaii Wildlife Fund will have major implications in both water and environmental law. Hear about the case, the opinion, and the potential impact on agriculture and other industries going forward from two of our favorite podcast guests, law professors Jesse Richardson and Anthony Schutz.
Contact Info for Jesse Richardson
(Email) jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter) @jessejames8785
Contact Info for Anthony Schutz
(Website) https://law.unl.edu/anthony-schutz/
(Twitter) https://twitter.com/anthony_schutz
Links to Topics Mentioned on the Show
Blog post on County of Maui v. Hawaii Wildlife Fund opinion
Podcast: SCOTUS Oral Argument Recap
EPA Interpretive Statement on indirect discharges
Blog post summarizing indirect discharge cases
Podcast: Anthony Schutz on the Clean Water Act
Podcast: Jim Bradbury & Jesse Richardson on Conservation Easements
Podcast: Jesse Richardson on Regulatory Takings
Podcast: Jesse Richardson on Exempt Wells
The law surrounding estate, gift, and inheritance tax is an are that is both complicated and important, especially for agricultural producers. Today, Kitt Tovar and I discuss the key issues related to these taxes and hope to help listeners flag considerations in their own lives where there could potentially be tax implications.Â
Contact Info for Kitt Tovar
(Website) https://www.calt.iastate.edu/people/kitt-tovar
(Email) kwtovar@iastate.edu
Links to Topics Mentioned on the Show
Center for Ag Law and Taxation website
I'm willing to bet that no one knows more about wind energy leases than Shannon Ferrell. We are excited to have him on the show today to discuss some of the key considerations when negotiating a wind lease.
Contact Info for Shannon Ferrell
(Email) Â shannon.l.ferrell@okstate.edu
(Twitter) Â @shanferrell
(Website)Â http://agecon.okstate.edu/faculty/profile.asp?id=shannon.l.ferrell&type=facultyÂ
Links to Topics Mentioned on the Show
Shannon's prior podcast episode "Transition Planning"
Shannon's prior podcast episode "Transition Planning & Lessons from the S Lazy H"
Shannon's "Wind Energy Leasing Handbook"
Texas statute on required wind lease terms
There have been a number of legal and economic issues that have arisen in light of the COVID-19 situation. Today, Brandon Davis and Nate Huff join me to talk about the impact of COVID-19 and the H-2A worker program and other labor and employment issues.
Contact Info for Brandon Davis & Nate Huff
Brandon Davis
Nate Huff
Links to Info Mentioned on the Show
Phelps Dunbar Fact Sheet FAQs on COVID-19 & the H-2A ProgramÂ
Copyright. Trademark. Patent. These intellectual property concepts are important to be aware of and each come up in various contexts involving agricultural law. Today, Tave Doty and Rick Sanchez join us to talk about the differences in these three protections, when each are used, and what must be done to qualify.
This educational discussion summarizes information relating to intellectual property protections in the U.S. This information is not intended to establish an attorney-client relationship, or to be construed as legal advice. However, Tave and Rick welcome the opportunity to discuss these matters further with you.
Contact Info for Tave Doty
https://www.whitakerchalk.com/people/tave-parker-doty/Â
Contact Info for Rick Sanchez
https://www.whitakerchalk.com/people/rick-sanchez/
Special use property tax valuation is an important consideration for rural Texas landowners. I am thrilled to have Cassie Gresham with us to talk about the different types of tax valuation options for people in agriculture, what is required to receive this special use valuation, the policy reasons behind the valuation, and what happens if land is taken out of the qualifying agricultural use.
Contact Info for Cassie Gresham
(Phone) 512.894.5426
(Email) cgresham@braungresham.com
(Website) https://braungresham.com/meet-the-team/cassie-gresham/
Links to Topics Mentioned on the Show Â
Texas Comptroller website for special use valuation
Texas Parks & Wildlife website for wildlife valuation
Plateau Land & Wildlife Management free eventsÂ
Texas A&M AgriLife Extension wildlife management valuation
Unfortunately, financial stress is a real issue for many agricultural producers today. I am really excited to have Michael Fielding join us on the podcast to discuss how to deal with distressed agricultural loans. When an operator finds themselves in trouble, what steps can and should an operator take? Michael offers some really great, practical tops and advice for farmers and ranchers finding themselves in this situation.
Contact Info for Michael Fielding
(Website) https://www.huschblackwell.com/professionals/michael-fielding
(email) michael.fielding@huschblackwell.com
(Twitter) @MikeDFielding
After receiving a ton of feedback on recent blog posts that I published outlining two types of specialty deeds, I thought a podcast outlining and comparing Transfer on Death Deeds and Lady Bird Deeds might be helpful as well. Luckily, my friend Garrett Couts has done a good deal of work in this area and was willing to come on the show to really walk us through a comparison of these two estate planning tools.
Contact Info for Garrett Couts
(Website)
Links to Topics Mentioned on the Show
-
Blog post summary of TODDs
-
Blog post summary of Lady Bird Deeds
-
Texas Estate Code on TODDsÂ
-
Prior Elder Law podcast episode with Kristen Porter
-
Prior Stepped Up Basis podcast episode with Pat Dillon
I'm really excited about today's episode. Water law is, obviously, a huge issue here in Texas. Today, Victoria Whitehead is here to give us all the info about Groundwater Conservation Districts.
Contact Info for Victoria Whitehead
(Website) https://victoriawhiteheadlaw.com/
Links to Topics Mentioned on the Show
Prior Groundwater Law Podcast with Doug CaroomÂ
GCD IndexÂ
Law review article on exempt wells and oil and gas production
Prior podcast with Jesse Richardson on Regulatory Takings
State Water Plan Interactive Website
Pat Dillon is back! Taxes are not my area of expertise, so I called in the expert from Iowa. Pat walks us through all the info related to capital gains taxes. What are they? When are they owed? What is a stepped up basis? How do we know when this is a concern? Should this impact an estate plan? He'll answer all of these questions!
Contact Info for Pat Dillon
(Website)Â http://dillonlawpc.com/Â
(Email)Â info@dillonlaw.com
(Phone) 563.578.1850
(Twitter)Â https://twitter.com/DillonlawÂ
Links to Topics Mentioned on the Show
Pat's prior podcast episode - True Stories from a Small Town Lawyer
Blog post on Transfer on Death Deed
Blog post on Lady Bird Deed
Fact sheet I co-authored with Terry Griffin on how to use USDA data to help estimate stepped up basis value
It's time again for our traditional Ag Law Year in Review. I welcome my friend Paul Goeringer,Extension Ag Law Specialist at the University of Maryland, to the show to look at some of the biggest ag law stories for 2019. Our list includes:
Hemp
WOTUS definition
Round Up litigation
Clean Water Act Groundwater as a Conduit/Indirect Discharges
Right to Farm litigation
Beef checkoff litigation
A workers compensation case in Maryland
Two pending cases at the Texas Supreme Court
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
-
2019 Ag Law Year in Review blog post
-
Summary of USDA Interim Final Hemp Rule
-
Video summary of USDA Interim Final Hemp Rule
-
List of blog posts addressing WOTUS definition
-
Groundwater as a conduit background
-
Podcast discussing SCOTUS oral argument in Maui County v. Hawaii Wildlife Fund
- Most recent podcast about North Carolina nuisance lawsuits with Jake Parker
-
Blog post on Indiana Right to Farm decision
-
Background on beef checkoff litigation
-
Garcia v. Pruski summary
-
SWEPCO v. Lynch summary
If you have never heard the song "S Lazy H" by Corb Lund, you need to listen right now. Click here and get a tissue. It's a punch in the gut and the perfect way to tee up the importance of transition planning in agriculture.Â
Shannon Ferrell is one of the leading experts in the United States on estate and transition planning in agriculture. He did some interesting research into the odds of a family farm surviving if it is passed to the next generation by leaving equal, undivided interests to heirs. The results are both surprising and important.
Contact Info for Shannon Ferrell
Website
Links to Topics Mentioned on the Show
Prior podcast episode on Transition Planning with Shannon
Oklahoma State University Farm Transition handbookÂ
S Lazy H songÂ
Recently, a number of ag lawyers around the country were in Washington, DC for the American Agricultural Law Association. As luck would have it, the US Supreme Court scheduled oral argument in County of Maui v. Hawaii Wildlife Fund, a Clean Water Act case that could have major impacts for agriculture. You know I jumped at the chance to go listen!
Today's episode features four ag lawyer friends of mine who all attended oral argument that day sharing their impressions of seeing oral argument at the Court, the arguments, and their predictions for what the Court's opinion might look like.
Contact Info for Guests
Jesse Richardson: https://www.law.wvu.edu/faculty-staff/land-use-clinicians/jesse-richardsonÂ
Nate Huff: https://www.phelps.com/nathan-huffÂ
Mary-Thomas Hart: https://www.linkedin.com/in/mary-thomas-hart-587ba247Â
Austin Vincent: Austin.c.vincent@ttu.edu
Links to topics mentioned on the show
Blog post on County of Maui v. Hawaii Wildlife Fund
Fence law is one of my very favorite topics and Kyle Weldon is one of the most knowledgeable attorneys in Texas to discuss this topic. What is the difference between open range and closed range? When is an animal owner liable for livestock hit on the roadway? What are the rights of a neighboring landowner who finds another's animals on his or her property? Kyle and I discuss each of these questions in this episode.
Contact Info for Kyle Weldon
(website) https://www.hfblaw.com/lawyer/kyle-k-weldon
(email) kweldon@hfblaw.com
(phone) 817-870-8732
Links to topics mentioned on the show
-
Kyle's prior podcast episode #2 (TAMU Law); #16 (Ask an Ag Lawyer Recap)
-
Five Strands: A Landowner's Guide to Fence Law in Texas
-
Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know (Chapter 6 on Fence Law)
-
Texas fence law statute
-
Texas estray law statute
-
Blog post on Garcia v. Pruski case
-
Blog post on AG Opinion request regarding Presidio County
There are a number of common legal issues related to surface water law in Texas. What surface water uses require a permit? What types of uses are exempt from the TCEQ permitting process? How do we know if water on my property is state owned or not? What are the impacts of there being a "navigable stream" across my property?
Today, I'm excited to have Jason Hill on the podcast. Jason has a practice in Austin where he focuses on Texas water law. He's here (on his birthday!) to walk us through the answers to some of these FAQs.Â
Contact Info for Jason Hill
(website)Â https://www.jthill.com/
Other Topics Mentioned on the Show
Prior podcast on TX surface water law
Prior podcast on TX groundwater law
Blog post: Public Right of Use for Texas Waterways
Landowner handbook "Owning Your Piece of Texas: Top Laws TX Landowners Should Know"
I'm so excited about this episode. Elder law is a topic I have wanted to cover for a long time, and Kristen Porter is just the person for the job!
Kristen walks us through the basics of elder law and long-term care planning. From considerations for how to pay for long-term care, to the basics of Medicaid, to different methods of transferring property for planning purposes, this episode is one that I learned a great deal from. I trust you will too!
Contact Info for Kristen Porter
(website)Â http://www.kporterlaw.net/
(phone) 830-358-7632
Links to Topics Mentioned on the Show
- Prior podcast episode on farm & ranch estate planning with Shannon Ferrell
-
Prior podcast episode on end of life documents with Andy Crocker
-
National Academy of Elder Law Attorneys website
I've been trying to get J Pete Laney on the show for years, and today we made it happen! He's here to give us a rundown of some of the key bills coming out of the 2019 Texas Legislative session for Texas agriculture. From hemp to feral hogs, brackish groundwater to rollback taxes, J Pete gets us up to date on the new laws you need to know!
Contact Info for J Pete Laney
(website) http://www.jpetelaneylaw.com/
(phone) 512-473-0404
Links to Topics Mentioned on the Show
-
Text of HB 1325 (hemp)
-
Text of HB 2845 (wind leases)
-
Blog post on wind lease bill
-
Text of HB 1743 (rollback taxes)
-
Text of SB 317 (feral hogs)
-
Text of HB 722 (brackish groundwater)
-
Text of HB 191 (disposal of pesticide containers)
-
Text of HB 3557 (drones & critical infrastructure)
-
Text of SB 14 (electric co-ops & broadband)
-
Text of HB 1079 (ports to plains highway)
I'm really excited to have Benjamin Needham on the podcast today to give us a real "boots on the ground" look at the importance of good surface use agreements. In his role as a registered landman representing a large land and mineral owner in the Texas Panhandle he has seen first hand some of the issues that can arise when mineral production is happening on agricultural land. Ben shares some key terms included in surface use agreements he has been a part of and some real life stories of how these terms have protected landowners.
Contact Info for Benjamin Needham, RL
(email) benjamin.e.needham@gmail.com
(phone) 405-742-7457
Links to topics mentioned on the show
American Association of Professional Landmen
Prior podcast episode on surface use agreements with attorney Parks Brown
Crop insurance is an extremely important risk management tool for agricultural producers. From multi-peril crop policies to pasture, range and forage insurance, to crop-hail coverage, there are a number of policies that can be written to protect an operation. Today, Rebecca Wann from Cross Bar W Crop Insurance joins us to give a brief overview of crop insurance and offer some pointers for folks choosing an agent, keeping track of deadlines, and considerations to keep in mind when selecting coverage types and levels.
Contact Info for Rebecca Wann
(Phone) 806.679.0318
(Email) rebecca@crossbarw.comÂ
(Website) www.crossbarw.com
If you're like me, terms like "block chain" and "whole genome sequencing" are confusing. What are these things? How do the work? How do they apply to food safety? How will this impact us at the farm level?
John Dillard, a Principal Attorney at OFW Law in Washington, DC, is on the show to help us answer all of these questions and give us his thoughts on where we are headed with regard to food safety and traceability.
John also offers some advice for law students interested in working in DC in ag law or policy that's really helpful!
Contact Info for John Dillard
Phone:Â (202) 518-6349 Email:Â jdillard@ofwlaw.com Twitter:Â @DCAgLawyer Profile on law firm website:Â https://www.ofwlaw.com/attorneys/john-g-dillard/Â Â
Solar leases are growing in popularity around Texas, and I've gotten a number of questions and requests for information from landowners interested in this topic. I'm thrilled to have Parks Brown, a San Antonio-based attorney, here with us to talk to us about solar lease agreements and offer his best tips for negotiating a lease agreement for your land.
Contact information for Parks Brown
(Email) pbrown@ufjbwlaw.com
(Website)Â http://ufjbwlaw.com/f-parks-brown/Â
Links to other topics mentioned on the show
Prior podcast with Parks on surface owner rights
Solar leasing handbook by Shannon L. Ferrell
I'm really excited about this interview with Alli Condra, an associate attorney with Davis Wright Tremaine, LLP in Portland, Oregon. We've not yet had an episode featuring on food law, so I asked Alli to give us an overview of some of the major legal issues facing the food industry. From what labels are required (or prohibited) on packages to what food can be called to commonly litigated issues, Alli does a great job of highlighting legal considerations I had never even thought of related to food law.
Contact info for Alli Condra
(website)Â https://www.dwt.com/people/c/condra-allison-b?tab=overview
(email) allisoncondra@dwt.com
(phone) 503-778-5261
I'm thrilled to have two guests on this episode of the podcast. We've got Texas-based attorney, Jim Bradbury, and West Virginia University Law Professor, Jesse Richardson, on the show to talk details, pros, and cons of conservation easements. Jim and Jesse have both done a good amount of work in this area, and while they agree on many issues, they have different perspectives on some areas as well. I'm confident this episode will be useful in learning about this important topic!
Also, for the attorneys in the crowd, Jim refers to conservation easement work as "the extreme sport of lawyering."Â You don't want to miss this!
Contact Info for Jim Bradbury
(Email)Â jim@bradburycounsel.comÂ
(Website)Â http://bradburycounsel.com/
(Twitter) @jimbluewind
Contact Info for Jesse Richardson
(Email)Â jesse.Richardson@mail.wvu.edu
(Phone) 304-293-9460
(Twitter)Â @jessejames8785
Insurance is one of the most important topics I speak about. For agricultural landowners and producers, I think this is likely the most important issue to consider in order to protect the operation. Â
Today, I'm joined by my friend (and my own insurance agent), Shayna Dorsey, to chat about the common types of insurance policies for those of us involved in agriculture and to talk through some key issues to consider when evaluating and purchasing insurance coverage.
Contact Info for Shayna Dorsey
(Website)Â https://www.theoliveagency.com/Â
(Phone) 940-613-4616
(Facebook)Â https://www.facebook.com/theoliveagency/
Last month, I read a great article in Morning Ag Clips and had several podcast listeners contact me suggesting this topic for the show. I contacted the author, Kate Ziehm, who was gracious enough to come on the podcast and talk to us about some of the lessons she learned visiting with farm widows in preparation for writing her article, "A Not So Fun Topic..." Taking time now to visit about financial planning, estate planning, and the future of the family farm should tragedy strike is not enjoyable but is certainly important and necessary. Kate's article and this interview do a good job of illustrating that.
Contact Info for Kate Ziehm
(Email) kate@morningagclips.com
(Email for story ideas) info@morningagclips.com
(Website) https://www.morningagclips.com/
(Facebook) https://www.facebook.com/MorningAgClips/
Links to Topics Mentioned on the Show
Subscribe to Morning Ag Clips
A Not So Fun Topic
Pink Tractor Magazine
Kate's Article in Pink Tractor "Women Who Farm"
Ag Law in the Field Episode #35 End of Life Planning
Ag Law in the Field Episode #13 Farm and Ranch Transition Planning
The Clean Water Act is a complex statute that can have major impacts on landowners across the country. Today's guest is University of Nebraska Law Professor Anthony Schutz, who gave us a great overview of the Clean Water Act, and the two key sections that impact agriculture, Section 402 and Section 404.
Contact Info for Anthony Schutz
(Website)Â https://law.unl.edu/anthony-schutz/Â
(Twitter)Â https://twitter.com/anthony_schutzÂ
Links to Topics Mentioned on the Show
Most recent WOTUS podcast with Jim Bradbury
Groundwater as a Conduit/Indirect Discharge cases blog post
EPA Interpretive Statement on groundwater as a conduitÂ
What is a trust? How does it work? Why would someone need one? What are the pros and cons of using this type of entity? What's the difference between a living trust and a testamentary trust?
Our friend Stephanie is back on the show today to answer all of these questions and more! Â
Stephanie Bradley Fryer's Contact Information
(Website)Â Â https://bradleyfryercounsel.com/
(Phone) 325.307.8660
(Email) stephanie@bradleyfryercounsel.com
(Facebook) Stephanie Bradley Fryer PLLC
(Twitter) @StephBrad07
Links to Topics Mentioned on the Show
Stephanie's prior podcast episode on the Texas Probate Process
I get lots of questions from folks interested in agricultural law. What majors should I consider in undergrad? What courses should I take in law school? What does an agricultural lawyer really do? What are your best tips for someone interested in law school?
I rounded up some of the best in the business to answer these questions. I'm hoping that by offering different thoughts and perspectives, this episode will be helpful in illustrating there really is no one path to a career in agricultural law.
We've got two practicing attorneys. Cari Rincker, a Pace University School of Law alum, owns her own law firm with offices in Illinois and New York City. Amber Miller is a partner at a law firm in Lubbock, TX and went to law school at Drake University.
Next up, I interviewed Jennie Zwagerman, a law school faculty member at Drake University who is the incoming Director of the Drake Agricultural Law Center and works in career services.
We wrap things up with a current law student, Austin Vincent, who is in his second year at Texas Tech University.
Contact Info for Guests
Cari Rincker website: https://rinckerlaw.com/
Amber Miller webpage: https://www.cdmlaw.com/attorneys/amber-s-miller/
Jennie Zwagerman webpage: https://www.drake.edu/law/facstaff/directory/jennifer-zwagerman/
Austin Vincent Facebook: https://www.facebook.com/austin.vincent.77
Links to Topics Mentioned on the Show
American Agricultural Law Association
Cari Rincker prior episode "horses and divorces"
Pace University School of Law
Amber Miller prior podcast episodes
Drake University Agricultural Law Center
Texas Tech University School of Law
University of New Mexico School of Law
LSAC website
I've been wanting to have Zach Brady on the podcast for quite some time, so when he agreed to answer some of the most frequently asked questions about eminent domain, I knew we would be in for a treat. From who has the right to condemn property, to advice for choosing an attorney, to whether a company can come on and survey property, Zach has some great information and advice for Texas landowners.
Contact Info for Zach Brady
(website)Â http://www.bhlawgroup.com/Â
(phone)Â 806-771-1850Â
Links to Related Topics
Podcast episode with Luke Ellis on the nuts and bolts of eminent domain law and procedure
Texas Pipeline Negotiation Checklist
Texas Landowner Bill of Rights
He's back...
Our friend Jim Bradbury has returned to talk to us for a third time about the current status of the "Waters of the United States" ("WOTUS") rule. Jim walks us through the background of the Clean Water Act and how WOTUS fits into that framework, gives a history of how we got from the 2015 rule to today, and then walks us through the differences between the 2015 rule and the newly released 2018 proposed rule.
This is a great podcast for anyone interested in water law, environmental law, agricultural law, or landowner rights.
Contact Info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) https://twitter.com/jimbluewind
Links to Topics Mentioned on the Show
Jim's first WOTUS podcast episode
Jim's second WOTUS podcast episode
President Trump's Executive Order on WOTUS
Map showing current applicability of 2015 WOTUS Rule
EPA maps showing scope of 2015 WOTUS Rule
We're excited to have our friend Judd Gardner, an agriculture legislative assistant for US Senator Jerry Moran. Judd is my go-to on all things Farm Bill and you may remember him from Episode 12, where he gave us an overview of the 2014 Farm Bill.
Judd joins us to walk through some of the key changes that ag producers should be aware of in the recently passed Farm Bill. From hemp production to changes to ARC and PLC to conservation programs, Judd walks us through many of the major issues included in this important piece of legislation.
Contact Info for Judd Gardner
(Email)Â Judd_Gardner@moran.senate.gov
Links to information mentioned in the show
-Episode #12 with Judd
I can't tell you how excited I am to share this episode with you. This episode is important for anyone who hauls livestock, equipment, commodities, seed, or any other agricultural product for commercial use.
There are a lot of questions and confusion out there about federal hauling regulations relating to Hours of Service and Electronic Logging Devices. These rules are complex, and are something that anyone involved in agriculture should be aware of.
Today, Jara Settles, General Counsel at the Livestock Marketing Association, joins us to explain what electronic logging devices even do, walk through the rules, explain to whom they apply, discuss a number of exceptions, and talk some policy concerns for the livestock industry, in particular.
I've talked with a lot of lawyers about this topic, and Jara is hands down the most knowledgeable. Â
Contact Info for Jara Settles
Email jsettles@lmaweb.comÂ
Website https://lmaweb.com/Â
Links to Topics Mentioned on the Show
Livestock Marketing Association Facebook page
FMCSA Agricultural Exemptions page
Hello and Happy New Year!
Today on the show, I'm glad to welcome back our friend Jake Parker. You may remember Jake from Episode #37 where he gave us the background info and reported on verdicts in the first two nuisance lawsuits filed against Smithfield Food subsidiary, Murphy-Brown, in North Carolina.
A lot has happened since July, so I asked Jake to come back on the show and give us a little update. There have now been four trials completed, so Jake updates us on the third and fourth verdicts, both very different and very interesting from a legal standpoint. We also talk about an order from the US Court of Appeals for the Fourth Circuit requiring the trial court judge to lift a gag order that prohibited the parties from discussing the case. Lastly, we talk about where we go from here, including a preview of the fifth trial and an upcoming interlocutory appeal on numerous issues.
Contact Info for Jake Parker
Email: jake.parker@ncfb.org
Phone: 919-782-1705
Twitter: @jakeparkerjr
Links to Topics Mentioned on the Show
Jake's prior podcast episode
Article on third verdict
Article on fourth verdict
Fourth Circuit gag order ruling
Welcome to our Second Annual Ag Law Year in Review! My friend Paul Goeringer, Extension Ag Law Specialist at the University of Maryland joined me once again to look at the biggest ag law news from the past 365 days.
From Syngenta to dicamba, air emissions to electronic logging devices, we cover it all!
Contact Info for Paul Goeringer
(Email) lgoering@umd.edu
(Twitter) @aglawpaul
(Blog) http://agrisk.umd.edu/
(Podcast) https://marylandagpodcast.org/
Links to Topics Mentioned on the Show
- Background on Syngenta litgation
-
Blog post on Syngenta Proposed Settlement
-
Paul's webinar featuring Drew Kershen
-
Lawsuit decision requiring air emissions reporting
-
EPA announcement that emissions reporting not required
-
Groundwater as conduit blog post
-
North Carolina nuisance lawsuit summary
-
Podcast episode on NC nuisance lawsuit with Jake Parker
-
Amended NC Right to Farm statute
-
Texas Right to Farm statute
-
Agriculture Exceptions and Exemptions to the FMCSA Rules
-
Summary of dicamba litigation
-
Dicamba podcast with Kelly Nuckolls Winslow
-
Article on new dicamba label requirements
One of my favorite sessions at this year's American Agricultural Law Association Conference was titled "Consumer Impact on Livestock Production." I was so excited when one of the speakers, Brianna Schroeder, agreed to join me on the podcast to discuss this really interesting and important topic.
Looking in particular at the dairy and poultry industries, Brianna and I walk through certain production practices on the farm that have been driven by various consumer demands. For example, many dairy producers are now selling milk under contracts that may require certain animal care standards on the farm or may limit the type of feeds that may be given to animals. This issue is broad and impacting livestock producers across the country and across various industries as well.
We walk through some of the common terms that are popping up in contracts including animal care standards, insuring only non-GMO feed for cows, greenhouse gas emission requirements, limitations and reporting requirement on the use of antibiotics, requiring egg operations to go cage-free and more.
Contact Info for Brianna Schroeder
(Website) http://www.aglaw.us/brianna-schroeder/
(Email) schroeder@aglaw.us
(Twitter) @schroederindy
(Blog) http://www.aglaw.us/schroeder-ag-law-blog/
Links to Topics Mentioned on the Show
-
American Agricultural Law Association Conference in Portland, OR
-
Guidebook to Understanding Milk Supply Contracts (This document is not available online, but Brianna has kindly offered to mail copies if you email her requesting one).
-
Blog post discussing litigation challenging CA and MA laws related to egg production
-
Article detailing California Proposition 12
-
Article on Iowa law regarding conventional egg requirement
Landowner liability is one of the most popular topics I am asked to speak about. A key component of risk management and liability protection for Texas landowners is to be aware of three limited liability statutes offered by Texas law and to ensure they apply to one's operation.
Today, Jourdanton, TX-based attorney, Trace Blair, joins me to walk through each of the three Texas statutes providing limited liability for landowners: Recreational Use Statute, Agritourism Act, and the Farm Animal Liability Act. We discuss the requirements of each statute, explain what folks need to do for the statutes to apply, and walk through some real world examples of how these laws work.
Contact information for Trace Blair
(Email) tblair@wigrum.com
(Website) http://www.wigrum.com/attorneys/trace-blair/
Links to resources mentioned on the show
-
Prior episode with Trace Blair on hunting leases
-
Article on Texas landowner limited liability statutes
-
Where Can I Find the Agritourism Act Signs?
How can horse owners protect themselves and their operation from liability in the event an injury occurs?
My friend Alicia Meinzer is an attorney in Weatherford, Texas who practices in equine law and is a horse owner and enthusiast. When I thought about doing this type of podcast, she was the first person to come to my mind.
As Alicia explains, she likes to think of risk management of building a brick wall to protect her clients from liability such that if one brick falls, the remainder of the wall does not crumble. Bricks we discuss include liability insurance, liability releases, the Farm Animal Liability Act, and potential business entity creation.
I feel sure you will enjoy Alicia's practical knowledge and advice on this important topic for all equine owners!
Contact information for Alicia Meinzer
(Phone) (817) 596-4200
(Email) alicia@ektexas.com
(Website) http://www.ektexas.com/alicia-d-meinzer/
Links to topics mentioned on the show
- Blog post on Farm Animal Liability Act
-
Article discussing Texas limited liability statutes
-
James v. Young case from Waco Court of Appeals
-
Blog post on Texas Recreational Use Statute
-
Blog post on Texas Agritourism Act
-
Prior podcast discussion different business entity considerations
One of my absolute favorite agricultural law topics is Right to Farm statutes. In fact, I wrote my law school paper on this topic nearly 10 years ago. I like to say, I did Right to Farm before Right to Farm was cool!
Today, my friend Ashley Ellixson joins me to talk all about Right to Farm statutes. What are they? How do they apply? What are some key terms in statutes across the country? We cover all of this and more in this podcast episode.
Contact Info for Ashley Ellixson
(Email address) aellixson@UDAZ.ORG
(Twitter) Â https://twitter.com/Legally_Ashley
Links to topics mentioned on the show
-Â National Agricultural Law Center Right to Farm law compilation
-
"Understanding and Interpreting Right to Farm Laws"
-
Texas Right to Farm Law blog post
-
Ag Law in the Field Podcast with Jake Parker (NC Nuisance Litigation)
After our episodes on hunting leases and grazing leases, I had some folks request a discussion about farm leases. I contacted my friend Erin Herbold-Swalwell, an agricultural attorney in Iowa, who is an expert on drafting and litigating farm lease agreements.
Erin and I talk through some key issues that come up with regard to row crop leases, including why these leases should be in writing, how payments are generally structured, and some key terms that should be considered and included in lease agreements. Our discussion also offers an interesting look at some differences between laws regarding farm leases in Iowa and Texas.
Contact Info for Erin Herbold-Swalwell
Email: Erin.Herbold-Swalwell@brickgentrylaw.com
Phone: 515-271-5908
Website: http://www.brickgentrylaw.com/attorneys/39/erin-herbold-swalwell.aspx
Links to Info Discussed on the Show
Ag Lease 101 website
USDA - NASS Survey
Texas Land Value Trends Report
Iowa State Land Tenure Survey
Anyone who has purchased property knows that this can be a complex and time-consuming process. Today, David Waggoner, an attorney and title company owner, is here to talk us through a step-by-step explanation of what happens between an offer to purchase property and a final deed being executed. What is earnest money? Why do people get title insurance? What documents are executed? What should you be on the lookout for in a title commitment? He will answer all of these questions and more!
Contact Info for David Waggoner
(Email) waggonerlawfirm@aol.com
(Phone)Â 254-580-0265
The probate process is something that is a bit confusing and there are a lot of myths surrounding here in Texas. My friend and Stamford, TX-based attorney, Stephanie Bradley Fryer, is here today to explain what probate is and help walk us through exactly the steps that will happen in probate when a person dies with a will and when a person dies without a will.
Stephanie Bradley Fryer's Contact Information
(Website)Â Â https://bradleyfryercounsel.com/
(Phone) 325.307.8660
(Email) stephanie@bradleyfryercounsel.com
(Facebook) Stephanie Bradley Fryer PLLC
(Twitter) @StephBrad07
Links to Topics Mentioned on the Show
Episode #8 James Decker (Alternatives to Probate)
Texas Intestacy StatutesÂ
Today we're covering one of my very favorite topics...grazing leases! In my role here at Texas A&M, this is by far the topic I am asked to speak on the most.
What terms should be included? Do they really need to be in writing? How much should I charge?
My friend and TAMU Alum Cari Rincker is here today to talk through all of these questions and more.
Contact information for Cari Rincker
(Website) https://rinckerlaw.com/
(Email) cari@rinckerlaw.com
(Twitter) https://twitter.com/CariRincker
(Facebook) https://www.facebook.com/RinckerLaw/
(Instagram) @rinckerlaw
Links to Topics Mentioned on the Show
-
Cari's prior appearance on this podcast
-
USDA - NASS Survey results
-
Texas Rural Land Value Trends
-
Ranchers Agricultural Leasing Handbook
-
Ag Lease 101
Adverse possession, otherwise known as "squatter's rights" is a topic that is controversial and often misunderstood. When can a person claim ownership of another's real property based upon open, notorious use over a certain period of time? That's the topic that Amber Miller is here to discuss today.
Claiming title to land owned by another is not easy, and adverse possession is disfavored by courts. Thus, a person seeking ownership of property based upon a claim of adverse possession must be able to prove a number of required elements. For persons seeking to claim adverse possession based upon agricultural uses such as grazing or farming, these requirements are extremely specific and exacting. We walk through the different types of adverse possession in Texas, the elements that much be proven for each, and give some examples from case law on how this works in the real world.
Contact Info for Amber Miller
(Website) https://www.cdmlaw.com/attorneys/amber-s-miller/
(Email) amiller@cdmlaw.com
(Twitter) https://twitter.com/BradyAmber
Links to Topics Mentioned on the Show
-
Ag Law in the Field Episode #5 - Amber Miller (Business Entity Considerations for Farms and Ranches)
-
Blog Post: Does Grazing Cattle for Years Allow Claim of Adverse Possession?
-
Blog Post: Opinion Outlines Adverse Possession Law
-
Parker v. Weber
-
Parker v. McGinnes
If you follow agricultural law at all, you've likely seen news from North Carolina that a number of nuisance lawsuits that were filed against Smithfield Foods subsidiary Murphy Brown have resulted in two multi-million dollar verdicts in favor of the plaintiffs. Many of the operations targeted in these lawsuits have been in existence for years and were not violating any state of federal statutes. This has sent shock waves throughout North Carolina and the country and is particularly concerning to agricultural operations who wonder whether they could face this type of action.
Our guest today is Jake Parker, State Legislative Director for the North Carolina Farm Bureau. Jake walks though the history of the lawsuits currently pending in North Carolina, offers some thoughts on various strategic decisions that have been made in the litigation, reports on the results of the first two lawsuits, and discusses a recent amendment to the North Carolina Right to Farm Act in an attempt to protect farmers from these type of lawsuits in the future.
Contact Info for Jake Parker
Email: jake.parker@ncfb.org
Phone: 919-782-1705
Twitter: @jakeparkerjr
Links to Topics Mentioned on the Show
Blog post discussing first nuisance verdict
Article discussing second nuisance verdict
Language of amended North Carolina Right to Farm Act
I'm excited to have Dr. Jason Johnson, a District Economist for Texas A&M Agrilife Extension on the show today to talk about Pasture, Rangeland, and Forage Insurance, more commonly referred to as rainfall insurance.Â
As Dr. Johnson explains, this is an insurance product through the USDA Risk Management Agency that allows a producer to essentially insure average rainfall for his or her area, and receive an indemnity payment if no rainfall occurs. This episode will provide an overview of the program and walks you through the four decisions that must be made in order to enroll. We also talk about how to sign up, including the deadline to do so, who you can purchase through, and how the RMA shares in the premium cost.
Contact Info for Dr. Jason Johnson
(Phone) (254) 968-4144
(Email) jljohnson@tamu.edu
(Website)Â http://agecon.tamu.edu/faculty-staff/faculty/johnson-jason/Â
Links to Information Mentioned on the Show
RMA Pasture, Rangeland and Forage website
RMA Decision Tool and Grid Locator
RMA Pasture Range Forage Frequently Asked Questions
Today is an extremely important topic, not just for those of us involved in agriculture, but for everyone. My colleague, Andy Crocker, is an Extension Program Specialist in Gerontology and Health with Texas A&M Agrilife Extension.
We talk about the importance of having conversations and thinking through our plans and desires concerning our end of life planning. From determining who will serve as an agent under a Power of Attorney, to ensuring that everyone understands your wishes in an Advanced Healthcare Directive, there are a number of considerations and conversations that need to be had.
We also talk through several key documents that people should consider drafting, including the Advanced Healthcare Directive, medical Power of Attorney, Power of Attorney, and, depending on the circumstances, an Out-of-Hospital Do Not Resuscitate Order. We discuss the difference in these documents and the requirements to draft them in Texas.
Finally, we focus on issues surrounding long-term care planning, including medicare qualification, the look-back period, and the estate recovery program.
Contact Info for Andy Crocker
Website: https://amarillo.tamu.edu/facultystaff/andrew-crocker-m-s/
Email: abcrocker@ag.tamu.edu
Phone: (806)677-5600 ext. 664
Twitter: https://twitter.com/abcrocker
Links to Info Mentioned on the Show
Texas-specific statutory forms for POA, medical POA, advanced healthcare directive, and DNRs
Resources to locate info for other states
Article on long-term care planning
Guide to the Medicade Estate Recovery Program
We're talking about a topic that is important to the agricultural industry: the H2A Agricultural Guest Worker Program. Texas A&M alum and attorney Kyle Farmer practices in this area and is here today to help discuss the scope of the program, requirements to qualify, and the steps that must be taken in order to obtain approval. We also discuss the importance of this program to US agriculture, and some of the limitations of the current program. Finally, we wrap things up by briefly discussing a current bill in Congress that would do away with the current program and create a new H2C program.
Contact Info for Kyle Farmer
Phone: 515-357-2114
Email: Kyle@ffbfirm.com
Firm website:Â https://www.farmerandfarmerpllc.com/
Links to Info Mentioned on the Show
--USCIS H-2A website
-- Summary of proposed Agricultural Guest Worker Act of 2017Â
-- Text of Agricultural Guest Worker Act of 2017
Negotiating an oil and gas lease can be complex and confusing. Today, Nicholas Miller is here to help offer some practical advice and tips for mineral owners who may be negotiating a lease agreement. Nicholas walks us through how the leasing process typically works, what terms are usually contained in the offer letter and a lease form, and how he approaches negotiations. From the "going" royalty rate in Texas to the first terms he seeks to delete from the agreement, Nicholas is a wealth of knowledge and this podcast will be helpful to anyone dealing with mineral leases!
Contact Info for Nicholas Miller
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Website: https://www.gdhm.com/attorneys/nicholas-c-miller/
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Phone number: 512.480.5656
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Email: nmiller@gdhm.com
Links to Topics Mentioned on the Show
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Prior podcast episode on surface damages with Parks Brown
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TX Railroad Commission website
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Oil and gas leasing checklist
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Oil and Gas Lawyer Blog
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Texas Land and Mineral Association
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Petroleum Production on Ag Land in Texas handbook
Today, our topic is officially titled "The Regulatory Regime for Modern Plants and Animals." We're fortunate to be joined by Drew Kershen, Professor Emeritus at the University of Oklahoma College of Law. Drew taught Biotechnology Law and Policy for over a decade at the University of Oklahoma and is one of the most respected speakers on this and a number of other agricultural law topics.
Today, our focus is the various legal issues and regulatory schemes surrounding biotechnology in agriculture. We focus on the differences between genetic engineering and genetic editing and talk about examples of each of these processes. Additionally, we spend a good deal of time walking through the various regulations that apply to these processes, both here in the United States, as well as abroad. We also look into the impact these issues can have on international trade and talk a bit about labeling concerns in the United States.
Contact Info for Drew Kershen
- Email: dkershen@ou.edu
- Website: http://www.law.ou.edu/directory/drew-kershen
Links to Topics Mentioned on the Show
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American Agricultural Law Association
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Blog post on Synegnta corn litigation
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National Agricultural Law Center Ag Law Bibliography
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Council of Agricultural Science & Technology Paper #59
Today, I'm excited to have Todd Janzen of Janzen Ag Law, an Indianapolis-based law firm. I've had several folks ask questions about the idea of "right to repair" as it relates to tractors. When farmers purchase equipment, it often includes software, for which the farmer technically purchases a license to use. As part of the license agreement, the farmer is not allowed to make modifications or repairs to the software on the tractor. Instead, those repairs or modifications must be done by a licensed dealer or repairman. Todd helps walk us through some of the legal issues and policy considerations when looking at this issue.
Contact info for Todd Janzen
(Website) http://www.aglaw.us/
(Blog) http://www.aglaw.us/janzenaglaw/
(Twitter) https://twitter.com/JanzenLaw
(Phone) 317-855-9920
Links to info mentioned on the show
Hand Me That Wrench: Farmers & Apple Fight Over the Toolbox
Article on right to repair legislation
"Why American Farmers Are Hacking Their Tractors with Ukranian Firmware"
Update: Shortly after this podcast aired, Congress passed the Fair Agricultural Reporting Method Act within the Omnibus Spending bill. This Act exempts emissions from animal waste at farms from being reported.
He's back! This is Jim's third appearance on the Podcast, and today he is here to talk about a really important issue that makes reporting air emissions from animal waste be on the horizon for many agricultural producers. Under the federal environmental law CERCLA, anyone emitting certain amounts of hazardous materials into the air must file reports with the National Response Center. In 2008, the Environmental Protection Agency passed an exemption from this reporting requirement for most agricultural producers. In 2017, however, a federal court found that exemption to be illegal in a case called Waterkeeper Alliance v. Environmental Protection Agency.
In light of this, beginning May 1, 2018 (subject to further stay by the court or EPA), producers whose operations emit more than 100 pounds of ammonia or hydrogen sulfide in a 24 hour period must report these emissions. As Jim explains, determine how to measure this is complicated and can be confusing, but the reporting process itself can be done online and seems as though it will be fairly painless.
Any livestock, horse, poultry, etc. owners need to be aware of this law and impending deadline and determine if it may apply to his or her specific operation.
Contact info for Jim Bradbury
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) https://twitter.com/jimbluewind
Links to info mentioned on the show
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Blog post on Waterkeeper Alliance v. Environmental Protection Agency
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EPA website for reporting and agriculture
- EPA list of resources for calculating emissions by head
Our friend Jim Bradbury is back again to give us an update on what's happening with WOTUS. Jim has a law firm based in Austin and Ft. Worth and he represents a number of agricultural clients and specializes in environmental issues.
He was here almost a year ago on Episode #3 talking about this same topic, but a lot has happened in the last year!
Jim offers some background on the Clean Water Act, an update on all of the procedural wrangling surrounding the 2015 WOTUS Rule, and some practical advice for landowners on what they need to understand related to the Clean Water Act.
Contact information for Jim Bradbury:
(Email) jim@bradburycounsel.com
(Website) http://bradburycounsel.com/
(Twitter) https://twitter.com/jimbluewind
Links to Info Mentioned on the Show
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Jim's prior podcast episode
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President Trump's Executive Order on WOTUS
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Blog post on the Clean Water Act and Agriculture
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Blog post on Duarte settlement
Today the ever-popular James Decker is back with us on the show. This time, he's here to talk about a topic that is both complex and near-and-dear to his heart, easements and landlocked property. As we discuss, the "coffee shop law" idea that a person has to be given access to his or her landlocked property is not actually true under Texas law. Â
James and I discuss the various types of easements, have a discussion about options and considerations for folks who own landlocked property, and he gives us some practical advice on what landowners should do with regard to easements. (Hint: GET IT IN WRITING!)
Contact info for James Decker
(Email) Â james@sgdalawtx.com
(Website) Â http://sgdalawtx.com/Â
(Twitter) Â @jamesdecker2006Â
(Facebook) Â https://www.facebook.com/james.deckerÂ
(Instagram) @jamesmdecker
Today, we talk about the D-word....dicamba. This was easily the ag law issue of the year in 2017 and although we hope the same is not true for 2018, time will tell. I'm joined by Kelly Nuckolls Winslow, Extension Ag Law SPecialist with the University of Maryland to talk about the legal issues related to dicamba. We will give an overview of the new dicamba-tolerant seeds and products that started it all, discuss regulatory actions taken by the Environmental Protection Agency and various states, and we will discuss litigation pending around the country.
Contact info for Kelly
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Email:Â tnuckoll@umd.edu
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Phone:Â 301-405-1295
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Program website:Â Â http://umaglaw.org/Â
Today our topic is one near and dear to the heart of every legal nerd...regulatory takings. Folks are usually familiar with the idea of a taking where the government might come in and physically take property, like for a road. But there is another type of takings case, known as regulatory takings, where a government regulation can go so far that it is considered a taking for which a landowner is owed just compensation under the Constitution. Today, Professor Jesse Richardson and I will tackle this topic!
Links to Topics Mentioned on the Show
Ag Law in the Field Episode #9 - Exempt Wells
Contact Info for Jesse Richardson
Email  jesse.Richardson@mail.wvu.edu
Phone  304-293-9460
Twitter  @jessejames8785
The big news in December was that Congress passed the "Tax Cuts and Jobs Act" and it was signed into law by President Trump on December 22, 2017.
Today, Kristine Tidgren is here to walk us through some of the major changes and impacts from the changes made in the bill. We walk through some personal taxation changes like decreases in tax rates, doubling the standard deduction, and elimination of various deductions for those that itemize. We briefly cover changes made to the federal estate tax. Finally, we hit on some major (and complicated!) modifications for corporate tax filings.
A couple of important points we tried to note are that although there are general expectations about how most people's taxes may decrease, that may not be the case for everyone and the old lawyer's favorite phrase of "it depends" applies! Also, many of the provisions are not going to really apply until folks file their 2018 taxes in 2019. Finally, many of these provisions will phase out in 2025 and all provisions are only as "permanent" as the next Congress.
At the end of the day, the best thing for folks to do is be in contact with an accountant or tax professional to be sure they are clear on how these changes may impact their operation and to determine what changes may need to be made given the new laws.
Contact Info for Kristine Tidgren
(Email) ktidgren@iastate.edu
(Website) http://www.calt.iastate.edu/mission-and-objectives
Links to Topics Mentioned on the Show
Kristine's Ag Docket summary of the new tax laws
My blog on new estate tax laws for 2018
2017 has been an exciting year for agricultural law. Today, my friend Paul Goeringer, Extension Legal Specialist with the University of Maryland, joins me on a joint podcast to discuss some of the top legal stories of this year. To check out Paul's podcast, click here.
The topics we have selected for our list (and links to blog posts discussing these issues in great detail) are:
- Dicamba
- Waters of the United States
- Syngenta
- Air emission reporting under federal law
- "Ag gag" litigation in Utah and Idaho
- "Total pollution exclusion" insurance coverage dispute
- Scope of Endangered Species Act for intrastate animals
Additionally, we've previously done podcast episodes on two of these topics--WOTUS was the topic in Episode #3 with Jim Bradbury and "Ag gag" was featured in Episode #19 with Ashley Ellixson.
Thanks so much for listening to the podcast this year, we'll look forward to more ag law excitement in 2018!
Happy Holidays to you and yours!