show episodes
 
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, exper ...
 
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
 
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 Tr…
 
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…
 
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 Fa…
 
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 Pau…
 
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…
 
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 Jo…
 
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…
 
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…
 
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 Ja…
 
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…
 
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 Em…
 
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…
 
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: (605)…
 
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 …
 
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 work…
 
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 Sta…
 
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 …
 
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 taki…
 
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 …
 
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://ww…
 
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…
 
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 Produce…
 
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. Parks' Contact Information (Email) pbrown@ufjbwlaw.com (Website) http://ufjbwlaw.com/f-parks-brown/ Links to Topics Mentioned Solar Leasing Podcast Episode wi…
 
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 …
 
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 appea…
 
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…
 
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 …
 
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: (844) 385-3220 Links to Topics Mentioned on the Show Sustainab…
 
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: ba…
 
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…
 
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 l…
 
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…
 
'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 p…
 
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…
 
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: mhart@beef.org Links to Topi…
 
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 epi…
 
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…
 
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…
 
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 M…
 
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…
 
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…
 
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…
 
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 Rig…
 
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…
 
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…
 
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…
 
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 transi…
 
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 …
 
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 ph…
 
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…
 
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