Maryland Risk Management Education Podcast

In this episode, Paul provides an update on Food & Water Watch v. Dep’t of Agric., No. 17-1714.  Recently the federal district court in D.C. found that the environmental groups have standing and the case is not moot.  Paul explains all that and next steps in the case. . Materials discussed in this episode: Buffalo River Watershed Alliance v. USDA, No. 4:13-cv-450-DPM, 2014 WL 6837005 (E.D. Ark. Dec. 2, 2014). Goeringer, Paul, Challenge Brought Against Decision to Approve Loan Guarantee for Maryland Poultry Farm (AREC, Oct. 11, 2017). Goeringer, Paul, Federal Court Agrees that Environmental Plaintiff Has Standing to Challenge USDA Loan Guarantee Granted to Poultry Farm (AREC, Oct. 10, 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 Maryland's right-to-farm law, how it operates, and potential areas that are unclear in the law.  Producers need to be aware of how these laws operate in order to maintain the defense. Materials discussed in this episode: Goeringer, Paul, Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense Operates (AREC, Sept. 24, 2018). Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (UMD, 2017). National Ag Law Center, States' Right-to-Farm Statutes. 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 recent decision by the Court of Special Appeals of Maryland to uphold the 2014 general discharge permit for concentrated animal feeding operations in the state.  The permit had been challenged by two groups claiming Maryland Department of the Environment had failed to include monitoring in the permit. Materials discussed in this episode: Goeringer, Paul, Maryland Court Upholds the 2014 CAFO Permit For Complying With EPA’s Requirements (AREC, Oct. 2, 2018). Food & Water Watch v. M.D. Dep’t of Envtl., No. 2602, 2018 WL 2203175 (Md. Ct. Spec. App. May 14, 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 a recent decision out of Colorado involving winter wheat producers who requested actual production history yield exclusion in 2015 but 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) 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 reviews the recent Iowa Supreme Court decision in Honomichi v. Valley View Swine. In this decision, the court reversed a lower court ruling finding Iowa's right-to-farm law was unconstitutional as applied due to the lower court offering no facts to demonstrate the law was unconstitutional as applied. Materials discussed in this episode:  Goeringer, Paul, Iowa Right-to-Farm Decision Highlights the Importance of Understanding How Right-to-Farm Laws Operate (AREC, Sept. 4, 2018). Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing and Seafood Operators (AREC, Sept. 2017). Honomichi v. Valley View Swine, LLC, 914 N.W.2d 223 (Iowa 2018). Right-to-farm podcast episodes 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 recent decision out of Minnesota involving a farm family's farm succession plan that resulted in a court battle.  The case highlights why farm families need to develop farm succession plans that work for their operations. Materials discussed in this episode: Goeringer, Paul, Court Decision Splitting Up Family Farm Reversed: When Farm Succession Planning Fails (AREC, June 6, 2018). Neumann v. Anderson, A17-1450, 2018 WL 1997090 (Minn. Ct. App. April 30, 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 introduces a recent webinar he hosted featuring Prof. Drew Kershen of the University of Oklahoma College of Law to discuss the recent Syngenta settlement involving MIR-162 genetic trait that was rejected in shipments of corn to China.  Prof. Kershen discusses the settlement and other possible issues that could come up because of the settlement. Materials discussed in this episode:  Goeringer, Paul, Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (AREC, May 9, 2018). Lashmet, Tiffany, Syngenta Settlement: What Producers Need To Know (Agrilife Extension May 7, 2018). Questions asked to Prof. Kershen. 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 revisits the current situation for the production of industrial hemp in Maryland.  Currently, the Maryland Department of Agriculture to develop a pilot program for research programs to be developed by institutions of higher education who can then contract with growers to produce industrial hemp in the research programs. Materials discussed in this episode:  Goeringer, Paul, Nicole Cook, Kelly Nuckolls, Andrew Ristvey, Dale Morris. Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized (UME 2018).  This link will be udpated to reflect changes in the law. Goeringer, Paul, Nicole Cook, Kelly Nuckolls, Andrew Ristvey, Dale Morris. Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized (UME 2018).  This is linked to a page that will relate the information discussed in this podcast with links to the most recent information. If you have questions for Paul contact him at lgoeri

In this episode, Paul discusses the recent decision out of Alaska involving Alaska's right-to-farm law.  The Supreme Court of Alaska upheld a trial court ruling that the state's right-to-farm law did not apply to a landowner storing septage in lagoons. Materials discussed in this episode: Alaska's Right-to-Farm Law Goeringer, Paul, Right-to-Farm Law Does Not Protect Landowner From Nuisance Caused by Septage Lagoons (AREC, June 6, 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 how Maryland law limits liability to encourage gleaning on farms from charitable organizations. Materials discussed in this episode: Goeringer, Paul, Gleaning, Food Banks, and a Farmer’s Liability (AREC, Feb. 10, 2015). National Gleaning Project, http://forms.vermontlaw.edu/farmgleaning/. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses crop insurance or NAP coverage and requirements when you allow gleaning on the covered acreage. Materials discussed in this episode: Goeringer, Paul, Gleaning Unharvested Crops and Crop Insurance or NAP Coverage (AREC, May 17, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. This material is funded in partnership by USDA, Risk Management Agency, under award number RM17RMETS524021.

In this episode, Paul discusses details of the preliminary approval of the Syngenta settlement in the MIR162 class action lawsuits.  Corn growers have begun to be able to file claims.  Paul breaks down what this settlement means for U.S. corn growers and deadlines growers need to be aware of. Materials discussed in this episode: Goeringer, Paul, Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May (AREC, May 9, 2018). 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 discusses the recent jury verdict in the North Carolina Hog Farm Nuisance Cases involving Murphy-Brown Farms.  The verdict initially awarded the plaintiffs $50 million in punitive damages, but this has been reduced to $3 million.  Prior to this decision, the judge had ruled that North Carolina's right-to-farm law did not apply.  Paul points out what language was at issue in North Carolina's law and how it might play out in another state. Materials discussed in this episode: Goeringer, Paul, Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute (AREC, May 14, 2018). North Carolina's Right-to-Farm Law If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

  In this episode, Paul discusses changes to conservation compliance that require an insured producer to be in compliance by the crop insurance premium billing date. Materials discussed in this episode: Goeringer, Paul, Remember to Certify Conservation Compliance for Crop Insurance Program By Premium Billing Date (AREC, April 26, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. This material is funded in partnership by USDA, Risk Management Agency, under award number RM17RMETS524021.

In this episode, Paul discusses a recent circuit court ruling finding that Baltimore City's food truck ordinance was unconstitutional for vagueness issues. Materials discussed in this episode: Goeringer, Paul, Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (AREC, Feb. 21, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. Image includes image of Baltimore City food truck by baltamour carla.

In this episode, Paul discusses the recently announced Syngenta settlement in the MIR162 class action lawsuits.  The settlement for 4 classes is estimated at $1.51 billion.  Paul breaks down what this settlement means for U.S. corn growers. Materials discussed in this episode: Goeringer, Paul, Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit (AREC, Mar. 15, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. The image includes an image of corn harvest by United Soybean Board

In this episode, Paul discusses a recent court ruling involving a life insurance policy that was not updated after a divorce.  The ruling is a reminder of why you should always update farm succession plans after life events. Materials discussed in this episode: Goeringer, Paul, Recent Court Decision Highlights Why You Should Update Life Insurance Policies After A Divorce (AREC, Feb. 21, 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 how federal patent law and the federal Plant Variety Protection Act could limit your ability to use saved seed for replanting. Materials discussed in this episode: Morris, Dale, Dr. Robert Kratochvil, Paul Goeringer, Farmer-saved Seed: What is Legal? What is Not? (UME FS-1064, June 2017). Goeringer, Paul, Legal Liability of Saving Seeds in an Era of Expiring Patents (UME FS-1000, March. 2015). 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 Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Jon Moyle, Jenny Rhodes, and Kelly Nuckolls, Reporting Continuous Release Emissions (UME, Jan. 16, 2018).   You can contact Ashley Ellixson at aellixson@UDAZ.ORG.  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 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Court of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws (AREC, May 10, 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.