In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021). R-CALF v. Vilsack, No. 20-35453, 2021 WL 3161201 (9th Cir. 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

Maryland Risk Management Education Podcast

Ninth Circuit Rules in Favor of Beef Checkoff Program

In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021). Huynh v. Blanchard, No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. July 30, 2021). Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

State Court Decision Highlights When Right-to-Farm Laws Might Not Apply

In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation Program Penn State Center for Agricultural and Shale Law. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.

State Agricultural Mediation Programs: A Conversation with Jackie Schweichler

In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law. Penn State Solar Law Videos (2021) If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture. 

Leasing Farmland For Solar Development: A Conversation with Brook Duer

In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss a report his center recently released looking at the proposed changes to the estate tax and capital gains taxes. Materials discussed: Outlaw, J., B. Fischer, H. Bryant, J. Raulston, G. Knapek, and B. Herbst. Economic Impacts of the Sensible Taxation and Equity Promotion Act and the For the 99.5 Percent Act on AFPC’s Representative Farms and Ranches (AFPC Research Report 21-01, 2021). For the 99.5 Percent Act (S.994)  Sensible Taxation and 5 Equity Promotion Act of 2021 If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.

Proposed Capital Gains Tax and Estate Tax Changes Impact on Agriculture with Bart Fischer

In this episode, Paul discusses a decision out of Mississippi involving the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). Goeringer, Paul. Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law (May 25, 2021) Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law

In this episode, Paul discusses a recent federal district court decision out of North Carolina that allows trespass and negligence claims against Murphy-Brown and Smithfield to continue. Materials discussed in this episode: Goeringer, Paul. Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown (May 4, 2021). Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown

In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

More on Scare Guns and the Right-to-Farm Law

In this episode, Paul discusses a recent Circuit Court ruling that required the Maryland Department of the Environment to take into account gaseous emissions of ammonia in the AFO General Discharge permit. Materials discussed in this episode: Goeringer, Paul. Maryland Circuit Court Judge Reverses Final Maryland AFO Permit  (Mar. 23, 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.

Maryland Circuit Court Judge Reverses Final Maryland AFO Permit

 In this episode, Paul discusses a recent Court of Special Appeals of Maryland decision that highlights the interplay between the Public Service Commission and a county in the development of utility-scale solar energy facilities. Materials discussed in this episode: Goeringer, Paul. County Granting Special Exception for Solar Development Did Not Create a Vested Right (Mar. 3, 2021). Previous Maryland Risk Management Education Blog posts on solar.   If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture. 

County Granting Special Exception for Solar Development Did Not Create a Vested Right

 In this episode, Paul discusses the final hemp rule recently published by USDA.  The rule is currently under a 60-day hold for review and we will have to wait and see if additional changes will happen.  Note from Paul: since publishing this USDA has allowed the final rule to go into effect after the internal review. Materials discussed in this episode: Goeringer, Paul. 0.3 percent of what? Pay attention to changes in the new state hemp production plan (Aug. 4, 2020). Goeringer, Paul. Final Hemp Rule Published by USDA but Could Potentially Change (Feb. 19, 2021) If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541. This is material is based upon work supported by USDA/NIFA under Award Number 2018-70027-28588.

Final Hemp Rule Published by USDA

In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found not to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator(Dec. 8, 2020) Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (Dec. 30, 2019). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow him on Instagram @aglawPaul, or 301-405-3541.

Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator

In this episode, Paul is joined again by Andew Branan, JD, Assistant Extension Professor, Department of Agricultural and Resource Economics, College of Agricultural and Life Sciences, North Carolina State University, to discuss the recent decision by the Fourth Circuit Court of Appeals in the North Carolina Hog Farm Litigation. If you have questions for Professor. Branan, please email him here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541. 

North Carolina Hog Farm Litigation: A Conversation with Andrew Branan of NC State

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2020.  This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Goeringer, Paul. Dicamba Legal Update On the Ninth Circuit And What Is Going On With the Drift Class Action (Aug. 2, 2020). Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (May 11, 2019). Lashmet, Tiffany. Appellate Court Affirms Liability in North Carolina Nuisance Case; Smithfield Announces Settlement (Dec. 7, 2020). Lashmet, Tiffany. Does the Clean Water Act Apply to Groundwater? (March 19, 2018). Lashmet, Tiffany. Navigable Waters Protection Rule (aka the New WOTUS Rule) (Sept. 28, 2020). Lashmet, Tiffany. US Supreme Court Decides Maui County Clean Water Act Case (April 27. 2020). If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.  

2020 Legal Developments in Ag Law with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field

In this episode, Paul is joined again by Michael Fielding, Partner, Husch Blackwell, to discuss the recent demand letters that many dairy producers received from ASK on potential preferential payments made by Dean Foods to the farmers. If you have questions for Mr. Fielding, please email him here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541. 

Preferential Transfers/Payments: A Conversation with Michael Fielding

Podcast geared towards discussing crop insurance, risk management education, farm policy, and agricultural and food law issues facing Maryland agriculture. Any images you see are by Edwin Remsberg unless otherwise noted.

hubhopper

Maryland Risk Management Education Podcast

hubhopper