paying attention to the implementation of the new Farm Bill, looking at how
changes to existing and new programs will operate. One issue that may come up after passing the
2018 Farm Bill is how quickly USDA must implement program changes or new
programs. In Ausmus v. Perdue, a group of Colorado wheat farmers recently had a
lower court decision upheld. The farmers
had requested a new crop insurance product authorized in the 2014 Farm Bill before
USDA’s Risk Management Agency (RMA) implemented a product for wheat. The lower court ruled and the court of
appeals agreed that although it might conflict with the agency’s other duties under
federal law, RMA had to allow producers to use the program after the effective
date of the 2014 Farm Bill and not when RMA implemented the regulations.
Combine unloading wheat into a semi truck in a harvested field. Photo by Shannon Dizmag via flickr.com
The article is not a substitute for legal advice.
Many of us are paying attention to the debate over the new Farm Bill and looking at how changes to existing programs and potential new programs. One issue that may come up after passing a new Farm Bill is how quickly USDA must implement the program changes or new programs. In Ausmus v. Perdue, a group of Colorado wheat farmers recently won after selecting to utilize a new crop insurance product before USDA’s Risk Management Agency (RMA) had implemented the product for wheat. The court ruled that although it might conflict with other duties had under federal law, RMA had to allow producers the ability to use the program after the effective date of the 2014 Farm Bill and not when RMA had implemented the regulations. Continue reading →
The passage of the 2014 Farm Bill allows for the cultivating industrial hemp only in states that have developed a pilot program for a college, university, or another state department of agriculture to cultivate industrial hemp for research purposes (§ 5940). Since the 2014 Farm Bill’s passage, many states have jumped on board and begun to develop pilot programs to study industrial hemp production (NCSL, 2016). The country has not had industrial hemp production since the 1950s, and information is needed before changing federal and state laws to allow industrial hemp production. Continue reading →