2017 in Review: Legal Developments In Agriculture

 

2017 ag law developments

Image in photo from powerpoint slide developed by FPPT.com

 

With 2017 coming to an end, I want to take a minute to look back at many of the top legal developments impacting Maryland agriculture in the year. Many of these legal developments may seem like repeats from my 2016 update, click here to see. With those repeated issues, we in many cases have seen resolutions in a few, and with others, we will probably continue to see litigation further develop with a few issues in 2018. Moving into 2018, we will probably see new issues develop as we look at a new Farm Bill debate and cycle potentially starting.  You can listen to Tiffany Lashmet and I discuss many of these top legal developments on our joint podcast episode, click here. Continue reading

Court of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws

 

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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