Maryland Risk Management Education Podcast

In this episode, Paul discusses the recent Ninth Circuit Ruling that found portion of Idaho's ag gag law constutional, reversing a lower court decision that found the entire law unconstitutional.  This ruling may open up new opportunities for these laws if written properly. Materials discussed in this episode: Ellixson, Ashley, Idaho's "Ag Gag" Law Found Unconstitutional (AREC, Oct. 6, 2015). Goeringer, Paul, Ninth Circuit Upholds a Portion of an Ag Gag Law (AREC, Jan. 24, 2018). 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 2017.  This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Dicamba drift lawsuits (post 1) (post 2)  WOTUS and Duarte case (post 1)  Syngenta settlement (post 1) Emissions reporting for animal operations (post 1) Ag gag court rulings (posts 1) (posts 2)  Cow Palace Insurance Exemption decision (post 1) or (post 2) Endangered Species Act (post 1)  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.  

In this episode, Paul discusses a recent decision out of Arizona interpreting the state's branding law.  The Supreme Court of Arizona held that the state's branding law did not allow for registering identical brands even if used at different locations. Materials discussed in this episode: Goeringer, Paul, Recording of Identical Livestock Brands in Different Locations on An Animal Violated State Law Precluding Identical Brands (AREC, Nov. 1, 2017). Goeringer, Paul, What Are Brand Laws? When Registering a Brand Location Matters (AREC, Sept. 13, 2016). 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 federal district court decision that found that an insurance policy with an absolute pollution exclusion excluded damage caused by manure.  The insurance company was also found to have no duty to defend the insured party.  This decision involves the Cow Palace Dairy that had earlier settled claims that manure had leaked into groundwater and agreed to clean up costs associated with the damage.   Materials discussed in this episode: Ellixson, Ashley, Washington Dairies Enter Into Consent Agreements (AREC, June 3, 2015) Goeringer, Paul, Court Agrees That Pollution Clause in Insurance Policy Excludes Damage from Manure (AREC, Oct. 24, 2017). Goeringer, Paul, Cow Palace Decision: A Parade of Horribles (AREC, June 4, 2015) Goeringer, Paul, Settlement Reached in Washington State Dairy Cases (AREC, May 20, 2015) Goeringer, Paul, Wait, Now You’re Telling Me Manure Can Be a Solid Waste?!? (AREC, Feb. 3, 2015). If you have questions for Paul contact him at lgoering@umd.edu, t

In this episode, Paul discusses a recent 10th Circuit Court of Appeals ruling holding that Wyoming's Data Trespass law violated the First Amendment of the U.S. Constutition.  This law has been seen by many to be a version of an ag-gag law.  Paul also gives producers tips on what can be done that is still constitutional.   Materials discussed in this episode: Goeringer, Paul, Wyoming’s Resource Data Collection Statute Violates the First Amendment of the Constitution (AREC, Oct. 3, 2017). 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, Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was preempted by state law.  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 found the law was preempted by state laws related to pesticide use.  Materials discussed in this episode: Goeringer, Paul, Montgomery County Circuit Court Rules That County Pesticide Ordinance Preempted By State Law (Sept. 20, 2017). Complete Lawn Care, Inc. v. Montgomery County, No. 427200-V (Md. Cir. Ct. Aug. 3, 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses two recently filed class action lawsuits focused damage caused from dicamba drift.  The two lawsuits are seeking damages from Monsanto for bringing the Roundup Ready 2Xtend varieties to market before the new dicamba was approved by EPA.   NOTE: In this episode, I say the varieties are not resistant to the old dicambas.  I meant to say the old dicambas were not labeled in season  for the over-the-top use of the varieties  Materials discussed in this episode: Goeringer, Paul, Arkansas Producers File Class Action Lawsuit Related to Dicamba Drift Damage (AREC, Aug. 31, 2017). Goeringer, Paul, Is It Negligent to Release a Seed Variety Before the Paired Pesticide is Approved?  (AREC, Mar. 8, 2017). 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 tax court decision, Rutkoske v. Commissioner, that disallowed two brothers from taking 100 percent deduction for a charitable donation of a conservation easement.  The brothers, in this case, had income from the sale of the farmland in question and from a sale of the conservation easement.  That income did not count towards the gross farm income but towards gross other income.  The brothers could only claim 50 percent of the charitable donation.  Materials discussed in this episode: Everhart, Sarah, U.S. Tax Court Denies Farmers' 100% Charitable Deduction for Conservation Easement (Aug. 16, 2017). Goeringer, Paul, When is a Farmer Not a Farmer? Tax Court Case Highlights Complexity in Federal Tax Law (Sept. 1, 2017). McEowen, Roger, When Is A Farmer Not A “Qualified Farmer” For Conservation Easement Donation Purposes? (Aug. 10, 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage.  A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation.  The landowner should also begin to develop documentation related to the drift damage.  Finally, the landowner would have options on how to recover damages.  Materials discussed in this episode: Goeringer, Paul, After Experiencing Drift Damage, What Should You Do? (UME Agronomy News, July 19, 2017). Goeringer, Paul, Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift (UME, 2016). 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 federal court ruling in Utah holding Utah's "ag-gag" law violates the U.S Constitution.  This marks the second time a federal district court has found a state's ag-gag law unconstitutional  We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well.  Because of the issues with constitutionality, Paul discusses other options that producers have available to them.  Materials discussed in this episode: Goeringer, Paul, Utah’s Ag-Gag Law Violates First Amendment, But Producers Still Have Options (2017). 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 how to get paid for custom services, such as harvesting and swathing.  A few states have laws that create automatic liens in the crop harvested or swathed and baled.  But the majority of states offer custom operators no automatic lien.  In those states, custom operators should consider developing a standard contract to use to help the operator get paid.  Materials discussed in this episode: Goeringer, Paul, Getting Paid For Your Custom Services (Progressive Forage, July 13, 2017). 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 publication he is working on that highlights questions you should ask a potential attorney.  Interviewing potential attorneys helps you understand who you will work best and limit some issues down the road. Materials discussed in this episode: Goeringer, Paul, Finding An Attorney for Your Case Requires Asking the Right Questions (2017). 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 in Taylor v. Huerta.  This case involved FAA's earlier decision to require all unmanned aerial vehicles (UAVs) to be registered.  Paul will discuss how this decision could impact agriculture and explain what the recent decision means to others.   Materials discussed in this episode:  Goeringer, Paul. Court of Appeals Rules That FAA Overstepped Authority When Requiring Hobby Operators to Register UAVs (2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Developing a good ag lease is an important tool many of you need to consider developing when leasing farmland.  We are hitting that time of year (June 30th) when Paul likes to remind you that you need to consider if you will give the notice to terminate an ag lease or renew.  In this episode of the podcast, Paul is joined by Tiffany Lashmet of Texas A&M Agrilife Extension to discuss her ag leasing guide. Resources discussed in this episode: Lashmet, Tiffany, Shannon Ferrell, Rusty Rumley, and Paul Goeringer, Ranchers Agricultural Leasing Handbook: Grazing, Hunting, & Livestock Leases (June 2016). Ag Law in the Field (Tiffany's Podcast). If you have questions for Tiffany, you can email him at Tiffany.DowellLashmet@ag.tamu.edu or tweet him at @TiffDowell.  You can email me at lgoering@umd.edu or tweet me at @aglawPaul.  Feel free to send thoughts on other podcasts to me as well.

In this episode, Paul discusses a recent court decision, Porter v. Harden, №15–0683, 2017 WL 942845 (Mar. 10, 2017).  In this decision, the Iowa Supreme Court looks at does one horse create a farmland lease?  This decision provides a lot of insight for parties looking to rent farmland and how to make sure the lease provides the protections many states give to farmland leases. Materials discussed in this episode:  Goeringer, Paul. One Old Mare Not Enough to Create Ag Lease, Says One State Court (2017). 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 in Maryland.  Currently, the General Assembly has directed the Maryland Department of Agriculture to develop a pilot program for research cultivation by an institution of higher education. Materials discussed in this episode:  Goeringer, Paul. Industrial Hemp Still Illegal To Cultivate In Maryland (2016). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

This week the podcast returns after a brief hiatus with Paul discussing a frequently asked question: Can I trim tree limbs and other vegetation growing on my neighbor's property that is impacting my property?  Paul discusses what Maryland law currently allows neighboring landowners to do and not to do (the options are limited to self-help).   Materials discussed in this episode:  Goeringer, Paul. Frequently Asked Questions: Can I Trim My Neighbor’s Tree Off My Property? (2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

A common situation is that siblings inherit farmland through intestacy (dying without a valid will or property outside the will) or a will specifies a quarter interest in the farm to X and the remaining three-quarters to Y. In this episode, Paul covers what happens when you inherit property as tenants in common. Materials discussed in this case:  Goeringer, Paul. Help, I Just Inherited the Family Farm With My Siblings. Now What? (2016). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

The Iowa Court of Appeals recently ruled that the state's right-to-farm law was unconstitutional as applied to a landowner next door to a hog farm.  In this episode, Paul discusses the McIlrath v. Prestage Farms of Iowa, L.L.C. decision.   Materials discussed in this case:  Goeringer, Paul. Court of Appeals Finds State’s Right-to-Farm Law is Unconstitutional As Applied (2017). Goeringer, Paul and Lori Lynch. Understanding Agricultural Liability: Maryland's Right-to-Farm Law (2013). Right-to-Farm tag. Maryland Risk Management Education Blog. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law.  In this podcast, Paul provides an overview of those cases and their potential impact. Cases discussed in this podcast: Anderson v. McCarthy, No. C 16-000068 WHA, 2016 WL 6834215 (N.D. Ca. Nov. 21, 2016). Missouri ex rel. Koster v. Harris, No. 14-17111, 2016 WL 6803046 (9th Cir. 2016). Syngenta Seeds, Inc. v. County of Kauai, No. 14-16833, No. 14-16848, 2016 WL 6818862 (9th Cir. Nov. 18, 2016) If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.