Photo by Elvis Kennedy via flickr.com
This post is not legal advice.
I am taking a break from highlighting new articles available to discuss a recent court decision. In a recent Wisconsin decision, the court held that a dairy did not have a vested right to use the land for the planned dairy operation. In a prior decision, the court had found a vested right to build barns based on filing a building permit. Although this can create a conflict, ability to build the barns, but not utilize the land for the purpose, Maryland law allows for solutions that would protect landowners in these situations. Continue reading
Image by Oregon State University, Flickr.com
I’m taking a break from legal issues to highlight forthcoming articles that might interest some of you. I’ve gotten the opportunity to work with Dale Morris, Turfgrass and Seed, Program Manager with Maryland Department of Agriculture, and Dr. Bob Kratochvil, Associate Professor and Extension Specialist, Department of Plant Science and Landscape Architecture, University of Maryland, to let Maryland producers understand legal issues associated with using saved seeds to plant a cover crop. Continue reading
In 2015, I got the opportunity to work on a project to develop materials to assist Maryland community supported agriculture (CSA) operators in understanding legal risks. As a part of the project, the team developed a publication highlight good practices with a CSA membership agreement and model agreements. Continue reading
In April, we had a few new additions the Ag Law and Policy eJournal on SSRN. Covering everything from biotechnology, the Clean Water Act, food law, and tort law. The April additions include: Continue reading
Changes have happened over the course of a month with the top 5 downloads in with the recent Agricultural Law and Policy eJournal. Check out the recent top downloads: Continue reading
Image by Lynn Betts, USDA-NRCS
This is not a substitute for legal advice.
The smells of livestock are common if you live on a farm or next to a farm. If livestock numbers reach certain sizes, then two federal environmental laws, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) may require the producer to report the release of hazardous substances to the National Response Center. With animal operations, the releases have been focused on ammonia and hydrogen sulfide as manure is broken down. In 2008, the Environmental Protection Agency (EPA) developed an exemption from the reporting requirements for all animal feeding operations from CERCLA and EPCRA but required larger animal operations to continue reporting under EPCRA. Environmental and animal welfare groups challenged this exemption. The Court of Appeals for the D.C. Circuit recently struck down the exemption. Continue reading
Image via flickr.com by Matt Northam
This post is not legal advice.
As we draw closer to summer, I will start reminding many of you that it’s the time to consider terminating a farmland lease to comply with state law. In many states, farmland leases require more than 30 days notice to terminate without a written lease stating a different requirement. For ag leases in Maryland, this means that notice to terminate needs to be given by June 31. But what makes an ag lease and ag lease? The Iowa Supreme Court has found that one old mare on six acres is not enough to create an agricultural lease that would require longer notice to terminate the lease. Continue reading