Maryland Risk Management Education Podcast

In this episode, Paul discusses a proposed right-to-farm and trespass bill in New South Wales, Australia.  Paul looks at how this proposed law would compare to U.S. right-to-farm laws.  Paul also looks at the increased trespass penalties on farmland. Materials discussed in this episode: Goeringer, Paul, New South Wales Considers Right-to-Farm Law and Enhanced Trespass Penalties (Oct. 21, 2019). Right to Farm Bill of 2019 (First Print, New South Wales Parliament). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent opinion from the Maryland Court of Special Appeals finding that Baltimore City's food truck ordinance was constitutional and reversing the circuit court decision. Materials discussed in this episode: Goeringer, Paul, Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (MD Ag Podcast, April, 2018). Goeringer, Paul, Baltimore City Food Truck Ordinance is Constitutional (Oct. 7, 2019). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.  

In this episode, Paul discusses how a right-to-farm law might apply in a nuisance claim against a hemp grower.  Materials discussed in this episode: Goeringer, Paul. Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense? (2019). Goeringer, Paul and Dr. Lori Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (UME FS-973 2017). National Ag Law Center, Right-to-Farm Law compilation (2019). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.

In this episode, Paul discusses the debt increases to Chapter 12 bankruptcy that were recently passed by Congress.  Some argue that this change is needed based on increasing farm size and increasing land values, but others argue this change could lead to increased lending costs to producers.  Materials discussed in this episode: “Family Farmer Relief Act of 2019” Raises the Aggregated Debt Limit For Chapter 12 Bankruptcies (AREC, Sept. 10, 2019). Grahame, Mason and Paul Goeringer, Management Tool of Last Resort: Bankruptcy Offers Protections to Qualifying Agricultural Operations and Fishermen to Restructure Business and Survive Tough Economic Times (UME 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.

In this episode, Paul discusses Maryland's laws on fencing livestock in and how county codes can modify the state's law. Materials discussed in this episode: Goeringer, Paul, Understanding Agricultural Liability: Maryland Fencing Law  (Oct. 2014). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses when private citizens might have the right to make a citizen's arrest in Maryland.  Although it will be discussed you do in limited situations in Maryland have this right, you should never exercise the right.  Materials discussed in this episode:  Can I Make a Citizen's Arrest? (AREC, May 2014). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.

In this episode, Paul provides an update in the Syngenta settlement in the MIR162 class action lawsuits.  Corn growers should hopefully begin to see checks in February 2020. Materials discussed in this episode: Goeringer, Paul, Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?  (AREC July 30, 2019). Settlement website: http://cornseedsettlement.com/ If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

    In this episode, Paul posts the audio from a recent webinar he did covering ag labor issues.  Recent high profile animal welfare videos have highlighted issues when employees can cause problems for livestock operations. Many farms should take a moment to review their hiring practices and how they train employees to use generally accepted handling practices that will not harm livestock. This webinar will cover how to properly hire and train employees in a livestock operation to prevent animal welfare issues down the road. .  Materials discussed in this episode: Hiring Practices for Farm Operations: How to Hire the Right Employees (Video of webinar). Copy of Presentation Dobbins, Craig and Cole Ehmke, Developing Effective Job Descriptions for Small Businesses and Farms (Purdue Extension May 2005). Fogleman, Sarah L., David Anderson, and Dean McCorkle, Human Resource Management: Employee Attraction and Selection Guide (Agrilife Extension, 2013). If you have questions for Paul contact him at lgoering@umd.e

In this episode, Paul discusses the appeal in Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was not preempted by state law and over.  The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes.  The ordinance contained a number of exemptions including one for agriculture.  The Court of Special of Appeals overturned the circuit court's decisions holding the law was not preempted by state laws related to pesticide use.  Materials discussed in this episode: Complete Lawn Care, Inc. v. Montgomery County, No. 427200-V (Md. Cir. Ct. Aug. 3, 2017). Montgomery County v. Complete Lawn Care, Inc., No. 1203 (Md. Ct. Spec. App. May 2, 2019). Goeringer, Paul, Maryland Court of Special Appeals Overturns Lower Court, Finding Pesticide Ordinance Is Not Preempted by State Law (2019) Goeringer, Paul, Montgomery County Circuit Court Rules That County Pesticide Ordina

In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland.  The Maryland General Assembly passed HB1123 and signed by Governor Hogan.  The new legislation went into effect on June 1, 2019, but we are still waiting on USDA's regulations to see how the state will implement the law. Materials discussed in this episode:  Goeringer, Paul. 2019 Brings Potential Changes to Hemp Production in Maryland (AREC 2019).  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram @agLawPaul or 301-405-3541.

In this episode, Paul discusses a recent court decision, Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). In this decision, the Court of Appeals of Indiana upheld a farm's use of the right-to-farm defense and the constitutionality of the right-to-farm law. Materials discussed in this episode:  Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (AREC, 2019). Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). Ind. Code §§ 32-30-6-1, 32-30-6-9 to 32-30-36-9.5 (2019). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent court decision, Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). In this decision, the Appellate Court of Illinois upholds a verdict providing a landlord with damages caused by a holdover farm tenant.  This decision highlights what can happen when a tenant decides to ignore a notice to terminate the agricultural lease in many states. Materials discussed in this episode:  Goeringer, Paul. Holdover Tenant Required to Pay Damages to Landlord for Not Leaving Rented Property at the Time the Lease Terminated (AREC, 2019). Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). University of Maryland Extension Agricultural Leasing homepage If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or find him on Instagram at @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent fact sheet that highlights the issues with sweat equity.  Sweat equity can develop when family farms fail to take care of the issues early on with a succession plan. Materials discussed in this episode: Mason Grahame, Dale Johnson, Catherine Onumajuru, and Paul Goeringer. Valuing On-Farm Heir’s Sweat Equity Is Complicated and Agreements Should Be Developed to Fairly Compensate On-Farm Heirs (UME, FS-1079, 2018). University of Maryland Extension’s Farm Transitions and Estate Planning If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul provides an update on a case involving Colorado winter wheat producers who requested actual production history yield exclusion in 2015 but the USDA Risk Management Agency denied the request.  The case highlights when USDA potentially has to make new programs available to producers. Materials discussed in this episode: Ausmus v. Perdue, 289 F.Supp.3d 1227 (D. Colo. 2018) Ausmus v. Perdue, 908 F.3d 1248 (10th Cir. 2018). Goeringer, Paul, Court of Appeals Agrees USDA Did Not Have the Discretion to Implement New Program Benefiting Farmers (AREC, March 19, 2019). Goeringer, Paul, Updated: Quick Look at Yield Exclusion Option in 2014 Farm Bill (AREC, July 13, 2015). Goeringer, Paul, USDA Did Not Have Discretion to Implement New Program Benefitting Farmers: When Does the Agency Have Discretion to Implement a New Program? (AREC, July 12, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland.  The Maryland Department of Agriculture recently announced the final regulations for the pilot hemp research program and is accepting applications for the program. Materials discussed in this episode:  Goeringer, Paul. Pilot Industrial Hemp Program Now Final and Allows For Research Growing of Hemp in Maryland (UME 2019).  Maryland Department of Agriculture's Pilot Hemp Research Program page (2019).  Pilot Hemp Research Program Final Regulations (MDA 2019). The University of Maryland Extension, Pilot Hemp Research Program page (UME 2019). If you want to participate in a research program with the College of Agriculture and Natural Sciences, email Andrew Ristvey at aristvey@umd.edu. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses the 2019 federal estate tax and gift tax limits and the Maryland estate tax limit.  Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year.  Maryland's estate tax limit is not tied to inflation. Materials discussed in this episode:  Goeringer, Paul, Federal Estate Tax and Gift Tax Limits Announced For 2019 (AREC 2019). Goeringer, Paul, Final Rules on Portability (AREC 2015). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses the current situation for the production of industrial hemp after the passage of the 2018 Farm Bill  Industrial hemp was decriminalized in the 2018 Farm Bill, but current commercial production is still not legal till USDA approves individual state production plans.  Production under pilot research programs is still legal and will continue to be the only way to legally produce industrial hemp till these production plans are approved by USDA. Materials discussed in this episode:  Goeringer, Paul, 2018 Farm Bill Makes Hemp Production Legal Only In Certain Situations (UME 2019). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent guest post he contributed to the Maryland Grows Blog.   Materials discussed in this episode: Goeringer, Paul. Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors, Maryland Grows Blog (Nov. 30, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses the authority that Maryland counties will have in solar energy development based on the decision in Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC.   Materials discussed in this episode: Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC, No. 1022, 2018 WL 4090873 (Md. Ct. Spec. App. Aug. 28, 2018). Goeringer, Paul, State’s Public Utility Law Preempted Local Zoning and Planning Requirements for Siting a Solar Energy Farm (AREC, Nov. 7, 2018). Maryland Circuit Court Rules That County Pesticide Ordinance Preempted By State Laws, Maryland Risk Management Education Podcast (Oct. 4, 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2018.  This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Agricultural Biotechnology and Implications of the Syngenta Settlement (Aug. 22, 2018). Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (May 23, 2018). Goeringer, Paul. Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute (May 14, 2018). If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.