Maryland Risk Management Education Podcast

After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm.  Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool. Tools discussed in this podcast: Ellixson, Ashley, A Family Farm Business Entity in Maryland: What You Need to Know (April 2015); and Ellixson, Ashley and Paul Goeringer, Using a Business Organization Structure to Limit Your Farm’s Liability (March 2015). Forms and websites discussed by Ashley are in the resources. If you have questions, please email Ashley at aellix@umd.edu, tweet her at @Legally_Ashley, or call her at 301-458-5125.  You can also contact me at lgoering@umd.edu or tweet me at @aglawPaul.

With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation.  In this episode, Paul discusses tools available to help you develop a fair rental rate for you. Tools discussed in this podcast: Center for Farm Financial Management, FairRent. University of Maryland Extension, Lease Agreements Page. North Central Farm Management Extension Committee, AgLease101. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals.  In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision. Resources discussed in this episode:   Paul Goeringer, Federal Agency Must Follow Proper Process Before Removing Exemption Which Would Impact Large Number of Previously Exempt Fertilizer Wholesalers (Oct. 2016). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Fires during harvest are not uncommon and sources are many; a bearing can go out or get hot, a pickup’s exhaust pipe, bad wiring, and I’m sure you can give me more examples of how a fire can start during harvest.  But what is your potential liability for a harvest fire that spreads to your neighbor’s property? In this episode, Paul covers a court decision from 2015 looking at a negligence claim from a harvest fire. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. Materials discussed in this episode: Paul Goeringer, Can You Be Liable for Damages from a Harvest Fire? (Dec. 2015). 

When starting a new business enterprise with friends or family, how to wind the business down upon a falling out, death, or other terminating event are not considered.  But how to wind down the business is a critical part of the business.  A recent decision by the Court of Special Appeals of Maryland highlights the need for family farm partnerships to have plans on how to wind down the partnership upon the death of a partner.  In this episode, Paul walks you through this court decision and how you can better plan for the future. Resources discussed in this episode: Ellixson, Ashley and Paul Goeringer, Using a Business Organization Structure to Limit Your Farm’s Liability (UME EB 422, 2015). Maryland Risk Management Education Blog, www.aglaw.umd.edu If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Recently, the Eighth Circuit Court of Appeals issued a decision in American Farm Bureau v. EPA.  This case involved American Farm Bureau Federation and National Pork Producers Council bringing an action in federal court to challenge EPA's decision to find information involving concentrated animal feeding operation operators was not exempt from disclosure under the Freedom of Information Act. In this episode, Paul walks the audience through the federal district court's decision and the Eighth Circuit's decision. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. Materials discussed in this episode: Paul Goeringer, Constitutional Standing: When Can a Party Actually Bring a Lawsuit? (Feb. 2015). Paul Goeringer, Freedom of Information Act Exemption Does Not Allow EPA to Release Aggregated CAFO Information (Sept. 2016).

In this episode, Mayhah Suri, extension environmental specialist, interviews Paul Goeringer, extension legal specialist, over Right-to-Farm laws.  Mayhah and Paul cover the basics of Right-to-Farm laws, what Maryland's law does, and the developing issue of Right-to-Farm constitutional amendments that some states are pursuing. If you have questions for the host this week, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. Materials discussed in this episode: Ferrell, Shannon and Larry Sanders, State Question 777: A Proposed Constitutional Amendment Goeringer, Paul and Lori Lynch, Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Right-to-Farm posts on Maryland Risk Management Education Blog

Last week, we looked at on-farm breweries and we continue looking at on-farm diversification by considering on-farm distilleries.   In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a distillery on the farm. If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.   Resources discussed in this episode are Opening a Distillery: Legal Details That Producers Need to Know by Mayhah Suri.

Farmers are often looking for new ways to diversify their operations.  One new way maybe developing an on-farm brewery under Maryland's Class 8 license.  In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a brewery on the farm. If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.   Resources discussed in this episode are Microbreweries and the New Class 8 Farm Brewery License by Mayhah Suri.

Paul takes a break from this episode and instead Ashley Ellixson takes over the host chair.  In this episode Ashley is joined by Dr. Nicole Fiorellino to highlight the Maryland Phosphorus Management Tool (PMT) and the details farmer's need to know to be in compliance.  Additionally, Dr. Fiorellino addresses many FAQs from industry as well as producers on the science behind phosphorus and nutrient management.  If you have questions contact Dr. Nicole Fiorellino at nfiorell@umd.edu. You can contact Ashley Ellixson at aellix@umd.edu or tweet her at @Legall_Ashley.  Feel free to send thoughts on future podcasts as well. Resources discussed in this podcast: University of Maryland's Extension's nutrient management website http://extension.umd.edu/anmp

Producers are collecting and relying more on ag data collected by farm equipment.  Much of this data might be uploaded to the "cloud" and stored with third party.  Storing with third parties can lead to questions of who owns farm data?  In this episode, Paul is joined by his colleague, Ashley Ellixson, extension legal specialist, and Dr. Terry Griffin, cropping systems economist, Kansas State University. Resources discussed in this episode: Ellixson, Ashley. Legal and Economic Implications of Farm Data. farmerhayek.com (June, 2016). Ellixson, Ashley and Terry Griffin. Farmers Must Actively Protect Data to Secure Trade Secret Protections. farmerhayek.com (July, 2016). Ellixson, Ashley and Terry Griffin. Ownership and Protections of Farm Data. agmanager.info Publication (May, 2016). Griffin, Terry. Value of Farm Data: Proving Damages Based on Trade Secret Protections. agmanager.info (June, 2016). If you have questions for Ashley, you can email her at aellixson@udaz.org or tweet her at @legally_ashley.  If you

Hiring interns for an operation can be useful for both producer and intern.  But at the same time, producers need to understand the rules for when interns have to paid and can work for free.  In this episode, Paul is joined by Sarah Everhart, legal specialist, Francis King Carey School of Law, University of Maryland and the Agriculture Law Education Initiative. If you have questions for Sarah, you can email her at severhart@law.umaryland.edu or 410-458-2475.

As producers use more and more technology in their operations there is a need to be connected to wireless networks to be able to move large amounts of data.  In this episode, Paul is joined by Dr. Terry Griffin, cropping systems economist, Kansas State University, to discuss the need for wireless connectivity in rural areas. If you have questions for Dr. Griffin, you can email him at twgriffin@ksu.edu or tweet him at @spaceplowboy.  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.

Farmland in Maryland may contain a conservation easement over the property.  Conservation easements limit the use of the property forever.  Leasing farmland with a conservation easement on it may create special issues for landowners who have never leased farmland before.   This episode highlights a recently developed publication by Mayhah Suri and Paul Goeringer discussing leasing farmland with a conservation easement in place.  Mayhah joins Paul to highlight what landowners and tenants should consider when developing a farmland lease on preserved farmland. If you have questions, contact Mayhah at msuri1@umd.edu or 301-405-9576.  You can contact Paul at lgoering@umd.edu or tweet me at @aglawPaul.  Feel free to send thoughts on other podcasts to me as well. Resources discussed in this episode: Goeringer, Paul. Agricultural Leasing in Maryland. University of Maryland Publication, EB-403 (Jan. 2013). Suri, Mayhah & Paul Goeringer. How to Lease Your Land with a Conservation Easement. University of Maryland

In this episode, Paul is joined by Ashley Ellixson, extension legal specialist, Department of Ag and Resource Economics and the Ag Law Education Initiative, to discuss some basic considerations landowners need to consider when presented with a solar energy lease.

One issue related to drones and privacy we have not dealt with so far is: “Can I shoot down a drone over my property?”  The simple answer to this question is NO!  Shooting down a drone flying over your property is never a good idea. In this episode, I discuss why it's never a good idea to shoot down a drone. Remember if you have questions please email me at lgoering@umd.edu or tweet me at @aglawPaul.  Feel free to send thoughts on other podcasts to me as well. Resources discussed in this episode: Goeringer, Paul. Frequently Asked Questions?: Can I Shoot Down a UAV/Drone?.  Maryland Risk Management Education Blog (Feb. 2016). Goeringer, Paul, Ashley Ellixson, and John Moyle, Privacy Issues and the Use of sUAS/Drones in Maryland. University of Maryland Publication, FS-998 (Nov. 2015).

In late June, USDA’s Risk Management Agency (RMA)  announced changes to the Common Crop Insurance Policy to clarify “practicability to replant” and clarify recordkeeping issues associated with indemnity payments in a double-cropping system.  At the same time, RMA is seeking comment on these changes by the public.  The public will have until August 22, 2016 to make comments (https://www.regulations.gov/document?D=FCIC-16-0002-0001).

For many Maryland farmers, June 30 is a date when notice of termination must be given or received in order to terminate a farmland lease for 2017.  Delaware farmers have till August 31 to make this decision.  This episode discusses how to give proper termination and resources available to assist you.

Welcome to a new and somewhat exciting podcast related to Maryland agriculture, legal issues, farm policy, and other topics.  This podcast episode is put together by Paul Goeringer, extension legal specialist, with the Department of Agricultural and Resource Economics, University of Maryland.