show episodes
 
Welcome to the Maryland Risk Management Education Podcast featuring Paul Goeringer, extension legal specialist, Department of Agricultural and Resource Economics (AREC) and a member of the Agriculture Law Education Initiative. Paul will use this podcast to focus on issues related to agricultural law and risk management education. Send podcast ideas to lgoering@umd.edu. Any images you see are by Edwin Remsberg unless otherwise noted.
 
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show series
 
In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Goeringer, Paul, When Estate Planning Goes Wrong: Why Might a Receivership Be Required? (Feb. 15, 2022). Seid v. Seid, 967 N.W.2d 253 (Neb. 2021). Learn more about the MSBA Legal Lab podcasts b…
 
In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established. Materials discussed: Goeringer, Paul, Understanding What an Easement by Necessity Is and When One Is Created (March 29, 2022). Gunfeld Coal Co. v. Carey, No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022). …
 
In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms. Materials discussed: Goeringer, Paul, Sequestering Carbon: What To Think About With Carbon Contracts (Jan. 25, 2022). Lashmet, Tiffany, Understanding & Evaluating Carbon Contracts, Texas A&M Universit…
 
In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law. Materials discussed in this episode: Goeringer, Paul. North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law (Jan. 6, 2022). If you have questions for Paul…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Lashmet, Tiffany. Waters of the United States Update (Sept. 21, 2021). Carbon Contracts Video (2021). Lashmet, Tiff…
 
In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho. Materials discussed in this episode: Goeringer, Paul. Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring (Sept. 28, 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-40…
 
In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021). R-CALF v. Vilsack, No. 20-35453, 2021 WL 3161201 (9th Cir. 2021). If you have questions for Paul contact him at lgoerin…
 
In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021). Huynh v. Blanchard, No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. Ju…
 
In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation Program Penn State Center …
 
In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law. Penn State Solar Law Videos (2021) If …
 
In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss a report his center recently released looking at the proposed changes to the estate tax and capital gains taxes. Materials discussed: Ou…
 
In this episode, Paul discusses a decision out of Mississippi involving the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). Goeringer, Paul. Supreme …
 
In this episode, Paul discusses a recent federal district court decision out of North Carolina that allows trespass and negligence claims against Murphy-Brown and Smithfield to continue. Materials discussed in this episode: Goeringer, Paul. Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown (May 4, 2021). Goeringer and…
 
In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). G…
 
In this episode, Paul discusses a recent Circuit Court ruling that required the Maryland Department of the Environment to take into account gaseous emissions of ammonia in the AFO General Discharge permit. Materials discussed in this episode: Goeringer, Paul. Maryland Circuit Court Judge Reverses Final Maryland AFO Permit (Mar. 23, 2021). If you ha…
 
In this episode, Paul discusses a recent Court of Special Appeals of Maryland decision that highlights the interplay between the Public Service Commission and a county in the development of utility-scale solar energy facilities. Materials discussed in this episode: Goeringer, Paul. County Granting Special Exception for Solar Development Did Not Cre…
 
In this episode, Paul discusses the final hemp rule recently published by USDA. The rule is currently under a 60-day hold for review and we will have to wait and see if additional changes will happen. Note from Paul: since publishing this USDA has allowed the final rule to go into effect after the internal review. Materials discussed in this episod…
 
In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found not to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator(Dec. 8, 2020) G…
 
In this episode, Paul is joined again by Andew Branan, JD, Assistant Extension Professor, Department of Agricultural and Resource Economics, College of Agricultural and Life Sciences, North Carolina State University, to discuss the recent decision by the Fourth Circuit Court of Appeals in the North Carolina Hog Farm Litigation. If you have question…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2020. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Goeringer, Paul. Dicamba Legal Update On the Ninth Circuit And What Is Going On With the Drift Class Action (Aug. 2…
 
In this episode, Paul is joined again by Michael Fielding, Partner, Husch Blackwell, to discuss the recent demand letters that many dairy producers received from ASK on potential preferential payments made by Dean Foods to the farmers. If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoer…
 
In this episode, Paul discusses a recent column he did for the American Agriculturist magazine on the 5 steps you should consider when finding and interviewing an attorney. Materials discussed in this episode: Goeringer, Paul, 5 steps to find the right attorney for your needs (Farm Progress, 2020). If you have questions for Paul contact him at lgoe…
 
In this episode, Paul discusses what should go into considerations for hunting leases. Materials discussed in this episode: Goeringer, Paul, Hunting Leases: Checklist for Those Considering a Hunting Lease (AREC 2015). Kayes, Jonathan, Landowner Liability and Recreational Access (UME, 2008). Lashmet, Tiffany, Texas Hunting Lease Checklist (TAMU Agri…
 
In this episode, Paul discusses the recent ruling by the 9th Circuit remanding the registration for Enlist Duo back to EPA to provide more reasoning on the impact of the pesticide's usage on target areas to milkweed. This ruling comes in a string of rulings that have impacted pesticide usage in the U.S. Materials discussed in this episode: Goeringe…
 
In this episode, Paul discusses the recent final regulation announced by the Council on Environmental Quality (CEQ) to update the National Environmental Policy Act (NEPA). This update will have an impact on agriculture. Materials discussed in this episode: Goeringer, Paul, CEQ Finalizes First Update to the National Environmental Policy Act Since 19…
 
In this episode, Paul is joined by Dr. Bailey Norwood, Professor, Department of Agricultural Economics, Oklahoma State University, to discuss the impact of COVID-19 on ag supply chains. If you have questions for Bailey, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawP…
 
In this episode, Paul discusses recent updates in the area of dicamba with the EPA vacatur of the registration for three dicamba-based herbicides and the class action settlement in the drift suits. Materials discussed in this episode: Goeringer, Paul, Dicamba Legal Update: What Is Going On In the Ninth Circuit And What Is Going On With the Drift Cl…
 
In this episode, Paul discusses how MD's proposed hemp plan would change the definition of what is considered hemp and why that change is needed to comply with federal law. Materials discussed in this episode: Goeringer, Paul, 0.3 percent of what? Pay attention to changes in the new state hemp production plan (AREC 2020). If you have questions for …
 
In this episode, Paul is joined by Dr. Justin Benavidez, Assistant Professor – Extension Economist, Texas A&M AgriLife Extension Service, and Dr. Charley Martinez, Assistant Professor and Extension Economist, Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent developments in the c…
 
Paul gets to take the week off and Emily Zobel, Agriculture Senior Agent Associate, the University of Maryland Extension in Dorchester County, takes over the podcast to discuss farm stress and ways to manage stress. Materials discussed in this podcast: Farm Stress Management, University of Maryland Extension. You can contact Emily by emailing her h…
 
In this episode, Paul is joined by Michael Fielding, Partner, Husch Blackwell, on how to resolve distressed farm loans. If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.…
 
In this episode, Paul is joined by Julie Walker, a Research Assistant, University of Maryland, and a recent graduate of Drake Law Schoo with J.D. and a certificate in Food and Agricultural Law to discuss her research that has been focused on Chapter 12 bankruptcy. If you have questions for Ms. Walker, please email her here. If you have questions fo…
 
In this episode, Paul is joined by Brigit Rollins, Staff Attorney, National Agricultural Law Center, University of Arkansas, to discuss the recent 9th Circuit decision vacating the EPA's approval of three dicamba-based herbicides. Materials discussed: National Agricultural Law Center's website. Rollins, Brigit. Deal With Dicamba blog posts, Agricul…
 
In this episode, Paul is joined by Dr. Jada Thompson, Assistant Professor Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent article she co-authored on the impact of high path avian influenza on firms. Materials discussed: Thompson, Jada, Carlos J.O. Trejo-Pech, Dustin L. Pendell.…
 
In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss the new Coronavirus Food Assistance Program that was recently announced by USDA. Materials discussed: The Agricultural and Food Policy C…
 
In this episode, Paul discusses force majeure contracts that could be found in many agricultural contracts. This episode is based on work by Paul, Elizabeth Thilmany, and Mayhah Suri. Materials discussed in this episode: Goeringer, Paul, Elizabeth Thilmany, and Mayhah Suri, Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by …
 
In this episode, Paul is joined by Dr. Adam Kantrovich, Extension Associate Professor of Agribusiness, Clemson University Extension to newly created programs to assist business owners including agricultural operations through the Small Business Administration during the COVID-19 pandemic. Materials discussed: Clemson University Extension, Agribusin…
 
In this episode, Paul is joined by Dr. Tyler Mark from the Department of Agricultural Economics at the University of Kentucky to discuss some of the basic issues associated with industrial hemp. Materials discussed: Industrial hemp agronomic research at the University of Kentucky. If you have questions for Dr. Mark, you can email him here or tweet …
 
In this episode, Paul is joined by Dr. Jordan Shockley, Assistant Extension Professor, Department of Agricultural Economics, University of Kentucky, to discuss the poultry market changes during the COVID-19 outbreak. If you have questions for Jordan, you can email him here or you can tweet @Shock_N_AgMgmt. If you have questions for Paul contact him…
 
In this episode, Paul is joined by Dr. Derrell Peel, Professor & Charles Breedlove Professorship in Agribusiness, from Oklahoma State University and the Farm to Market Podcast, to discuss the cattle market changes during the COVID-19 outbreak. Materials discussed: Economic Damages to the U.S. Beef Cattle Industry Due to COVID-19, NCBA (2020). If yo…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss estate planning, the importance of using an attorney, and other basics in the process during the COVID-19 pandemic. If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@…
 
In this episode, Paul discusses a frequently asked question of can a farm dog be a nuisance in Maryland. The answer will depend upon the county code exempting farm dogs from the nuisance dog ordinance or potentially on the county's right-to-farm ordinance. Materials discussed in this episode: Goeringer, Paul, Frequently Asked Questions: Paul, My Fa…
 
In this episode, Paul discusses the 2020 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation. Materials discussed in this episo…
 
In this episode, Paul uses a court decision out of North Dakota to highlight why updating an estate plan and talking to your family about those updates is important. Materials discussed in this episode: Goeringer, Paul. Father’s Estate Plan Leaves Many Unanswered Questions Relating to Gifts to On-Farm Heir (UMD Nov. 29, 2017). University of Marylan…
 
In this episode, Paul discusses why you should consider having a written farm lease. Materials discussed in this episode: Goeringer, Paul. Need a New Year’s resolution? Consider a written lease (Farm Progress Jan. 13, 2020). University of Maryland Extension Agricultural Leasing homepage. Vermont School of Law. Farm Lease Builder Tool (2019). If you…
 
In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Fa…
 
In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (Dec. 30,…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2019. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitut…
 
In this episode, Paul discusses a decision out of Iowa involving a long-term lease used as apart of a farm succession plan. Materials discussed in this episode: Goeringer, Paul. Long-Term Leases Provide a Valuable Succession Planning Tool as Recent Court Case Highlights (Oct. 30, 2018). University of Maryland Extension Farm Transitions and Estate P…
 
In this episode, Paul discusses a recent decision out of Minnesota requiring a state agency to address concerns raised by an environmental group that the agency did not address climate change and greenhouse gas emissions from a dairy expansion raised by the group. Materials discussed in this episode: Goeringer, Paul. Minnesota Agency Should Have Ta…
 
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