Ag Law In The Field

May is Mental Health Awareness Month.  The conversation about mental health and agriculture is one that is really important to me, so I knew I wanted to have someone on the show to talk about this topic.  When I heard Adrienne DeSutter, a farm wife and counselor from Illinois, as part of a panel at Commodity Classic, I knew she was just the voice we needed.  Adrienne and I discuss why this is such a  critical issue for agriculture, what we can all do to help improve and protect our mental health, and she offers some encouragement for those dealing with issues like anxiety, depression, and suicide.   Contact Info for Adrienne Email:  adriennedesutter7@gmail.com Twitter: @SowHopeGrowHope Links to Related Topics Commodity Classic's Mental Health on the Farm panel  Prior podcast episode on mental health with Lesley Kelly National suicide prevention hotline  Avera Farm and Rural Stress Hotline National Ag Law Center Farm Stress & Mental Health: Where To Turn (state-by-state resource list) Psychology Today F

With deep roots in East Texas, Greg Phillips has a passion for helping landowners deal with heirs property issues.  Today on the podcast, he explains what causes heirs' property issues and how they can be avoided or potentially dealt with. Greg's Contact Information Website Phone number:  (844) 385-3220   Links to Topics Mentioned on the Show Sustainable Forestry & African American Land Retention Program  Texas Uniform Partition of Heirs' Property Act    Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

Today, we're continuing to discuss dealing with the FSA (Farm Service Agency) and NRCS (Natural Resources Conservation Service) that we kicked off last week with Stephanie Fryer.   Today, Dr. Bart Fischer walks us through some of the most common programs available through the FSA and NRCS Offices. Contact Information for Dr. Fischer Website Email:  bartfischer@tamu.edu Phone: 979.845.5913 Links to Topics Mentioned on the Show Texas A&M Agriculture and Food Policy Center Website Podcast episode with Stephanie Fryer on dealing with the FSA and NRCS Office Find your local FSA/NRCS service center ARC - PLC Decision Tool  Prior podcast on crop insurance Prior podcast on crop insurance disputes   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

Today, we're kicking off a two-part series about the local USDA and NRCS office on the podcast.  Stephanie Fryer will be here today to talk about tips and tricks for dealing with your local office.  Stephanie's background as a farmer, former FSA county executive director, and current attorney give her a great varied perspective on working with your local offices! Next time, stay tuned for my chat with Dr. Bart Fischer about some of the most common programs available through both FSA and NRCS.  Links to Topics Mentioned on the Show  Prior podcast with Stephanie on Trusts Prior podcast with Stephanie on the TX Probate Process USDA local office locator   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

'Tis property tax season here in Texas with a number of deadlines coming up by the end of April.  Dr. Blake Bennett joins me to chat about the available property tax exemptions for property owners in the Lone Star State. Contact Info for Blake Bennett (Email) b-bennett@tamu.edu (Phone) 972-952-9273 Links to Other Topics Mentioned on the Show Prior podcast on special use property tax valuation Texas Comptroller website for property tax exemptions   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

I'm thrilled to have Mary-Thomas Hart from NCBA on the podcast to address an emerging environmental issue that I had never heard of before...PFAS.  This is a topic that is not going away and raises both human health concerns and major potential issues for the agriculture industry. Contact Info for Mary-Thomas Hart Email:  mhart@beef.org    Links to Topics Mentioned on the Show - SCOTUS Oral Argument Recap podcast episode - Article about PFAS contamination and New Mexico dairy   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

Can you believe we've hit 100 episodes?  To celebrate, I thought it would be fun to bring one of my favorite people on the show...my Dad.  We had what I think is a really interesting conversation about the ag law issues he's seen play out over his lifetime on our family farm and ranch.  Links to Topics Mentioned on the Show Dowell Show Lambs Prior episode on estate planning and study on issues with leaving the farm in equal, undivided interest Prior episode on Farm and Ranch Transition Planning   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit

Congress recently passed a bill creating a Livestock Dealer Statutory Trust, with a goal of helping livestock producers or sellers if they are in a situation where they are not paid for their animals.  Chelsea Good, Vice President of Government and Industry Affairs for the Livestock Marketing Association, is here to explain what this new legislation does and how it works. Contact Info for Chelsea Good Email:  cgood@lmaweb.com Phone:  816-305-9540 Links to Topics Mentioned on the Show Prior podcast episode with Jara Settles LMA policy webpage USDA Feasibility Study re: Dealer Statutory Trust  Prior podcast episode on Hot Topics in Ag Finance Law with Jeff Peterson   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

Grant Ballard is a nationwide expert on litigating crop insurance disputes on behalf of farmers.  Today, he talks to us about crop insurance generally, offers tips for producers who purchase crop insurance, and gives us a rundown on two of his most impactful cases. Contact Info for Grant Ballard Website Email:  gballard@arkaglaw.com    Links to Topics Mentioned on the Show - Occidental v. Bush  - Owen v. FCIC   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance Lone Star Ag Credit  

There have been a number of issues related to agricultural finance in the news recently, so I am thrilled to have Jeff Peterson joining us from Minnesota to walk us through some of the hot topics related to ag finance law.  We discuss the Dean Foods preferential payment letters, which many dairy farmers received, dealing with operating debt that the lender may not be willing to roll over, and about non-payment for livestock. Contact Info for Jeff Peterson Website Email:  jeffrey.peterson@lathropgpm.com   Links to Topics Mentioned on the Show  Article on background of Dean Foods letters Podcast episode on dealing with distressed agricultural loans featuring Michael Fielding   National Agricultural Law Center reading room for agricultural liens by state Texas Rural Mediation Services   Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance

Happy New Year and welcome back to our podcast guest, Jake Parker.  At the end of 2020, there were major developments by way of an appellate court decision and settlement announcement in nuisance lawsuits involving hog farms in North Carolina.  Jake is here to walk us through the opinion, settlement, and an update on the legal challenge to the NC Right to Farm Act. Contact Info for Jake Parker Email: jake.parker@ncfb.org Phone: 919-782-1705 Twitter: @jakeparkerjr Links to Other Topics Mentioned on the Show Jake's first podcast appearance Jake's second podcast appearance My blog post on the Fourth Circuit opinion Right to Farm podcast with Ashley Ellixson Thank you to our Sponsors! Capital Farm Credit Texas Corn Producers Texas & Southwestern Cattle Raisers Ag Workers Insurance    

We're back for our fourth annual ag law year in review!  Paul Goeringer and I walk through several of the biggest ag law stories across the country. The list this year includes: Dicamba, the Clean Water Act, Right to Farm/Nuisance, and Beef Checkoff litigation. Contact Info for Paul Goeringer (Email)  lgoering@umd.edu (Twitter)  @aglawpaul (Blog)  http://agrisk.umd.edu/  (Podcast)  https://marylandagpodcast.org/  Links to Topics Mentioned on the Show - 2020 Ag Law Year in Review blog post - Dicamba podcast with Brigit Rollins  - Blog post on new Dicamba product registration through 2025 - Blog post on Navigable Waters Protection Rule - Navigable Waters Protection Rule podcast with Jim Bradbury  - Blog post on County of Maui v. Hawaii Wildlife Fund opinion - Podcast episode recapping County of Maui oral argument - Podcast episode with Jesse Richardson and Anthony Schutz on County of Maui opinion - Blog post on Fourth Circuit opinion in NC nuisance case - Blog post on Montana District Court opinion in

If there is one thing we know farmers and ranchers like to do, it's to have difficult conversations about their feelings and future plans, right? Although these conversations may not be enjoyable, they are extremely important in order to ensure the success of the transition of a farm from one generation to the next. Today, Jill Mader, a farm transition facilitator, joins me to talk about the importance of these conversations and offer some great tips for how to get started, what to discuss, and how to reach common ground. Links to Other Information Regarding Transition Planning Farm & Ranch Transition Planning podcast episode with Shannon Ferrell Transition Planning and Lessons from the S Lazy H podcast episode with Shannon Ferrell Oklahoma State University Farm Transitions Handbook

When can a farmer save seed to use again for the next season?  What protections are in place for seed companies to prevent the illegal use or sale of seed?  What protections are offered by patent law, the Plant Variety Protection Act, and license agreements? These are the questions I sat down with Arkansas-based attorney, Joel Cape, to discuss.  Joel has represented seed companies, seed sellers, and growers in navigating these legal issues. Contact Info for Joel Cape Website Links to Topics Mentioned on the Show Asgrow Seed Co v. Winterboer Bowman v. Monsanto

I am not even sure where to start with this one.  I suppose we start either with the chicken or the egg.  When criminal law attorney, Andrew Decker, had a case involving poultry that resulted in a criminal complaint, he found himself digging into the Texas Agriculture Code because his argument depended on open versus closed range law.  When I got a phone call where a domestic turkey owner was facing criminal charges--I knew just who to call. Listen in for a couple of wild stories where some birds roamed and we ended up with a couple of cases where ag law met criminal law. Contact Information for Andrew Decker  (Website) https://www.andrewdeckerlaw.com/ (Phone) 817-332-3822 Links to Topics Mentioned on the Show - Andrew & Andrew on Texas Criminal Defense podcast  - My episode on hemp and criminal law on Andrew's podcast - Ag Law in the Field Podcast episode on agriculture and mental health - Andrew's podcast on the chicken killing case - Ag Law in the Field Podcast episode on Fence Law  - Five Strands

Family law is not my forte, which is why I contacted Stacey Barber to come and give us a lesson today!  Stacey is a family law attorney in Lubbock, TX and she did a great job of talking about community property.   What is the law in a community property state?  What is the difference between community and separate property?  When does this distinction matter?   Contact Info for Stacey Barber Website Links to Topics Mentioned on the Show  Blog post on Texas case involving cattle and community property National Ag Law Center Family Law Issues in Agriculture Fact Sheet 

This topic is a little different than our normal agricultural law focus.  The topic of mental health is one that is extremely important to me.  Agriculture and rural America has to do a better job of talking about mental health challenges and working to make positive changes.  Our lives literally depend on it. Today, I am thrilled to visit with Canadian farmer, Lesley Kelly.  Lesley is the co-founder of the Do More Agriculture Foundation, a non-profit with the goal of being "champions for the mental wellbeing of all Canadian producers" and a goal of "changing the culture of Agriculture to one where all producers are encouraged, supported and empowered to take care of their mental wellbeing." Lesley's Contact Information Facebook https://www.facebook.com/highheelsandcanolafields  Twitter  https://twitter.com/lesleyraekelly  Email lesley@highheelsandcanolafields.com  Links To Topics Mentioned on the Show  High Heels and Canola Fields What the Farm Podcast Do More Agriculture Foundation National Ag Law Center,

Did you know that before a transmission line may be built in Texas, there is an entire proceeding before the Public Utility Commission in Texas?  Did you know that landowners potentially affected by a proposed transmission line are able to participate in that process? Brent Hamilton is here today to discuss the PUC process that applies to transmission lines and offers a few tips for landowners negotiating an easement for a transmission line. Contact Info for Brent Hamilton - Website - Contact Form Links to Topics Mentioned on the Show - Podcast: Eminent Domain FAQs with Zach Brady - Podcast:  Eminent Domain in Texas with Luke Ellis -Podcast:  Eminent Domain and Compensation with Jim Spivey

Eminent domain is one of the most popular topics we cover.  Today, we are focusing on the important issue of compensation when property is being condemned.  San Antonio-based attorney, Jim Spivey, joins us to talk us through many helpful concepts related to compensation, and offers important tips to Texas landowners dealing with eminent domain. Contact Info from Jim Spivey Website Email Law Firm of Spivey Valenciano, PLLC Facebook Page Eminent Domain for Texans Facebook Group Links to Topics Mentioned on Show Podcast - Eminent Domain FAQs with Zach Brady Podcast - Eminent Domain in Texas with Luke Ellis Eminent Domain in Texas - A Landowner's Guide Blog post on Hlavinka decision  

The Beef Checkoff Program is no stranger to litigation.  Today, Harrison Pittman joins me to talk about legal challenges to the Beef Checkoff programs, looking at the landmark decision in Johanns up to the more recent R-CALF v. Perdue. Harrison's Contact Information Biography Email: hmpittm@uark.edu    Links to Topics Mentioned on the Show National Agricultural Law Center Website National Agricultural Law Center Reading Rooms Johanns v. Livestock Marketing Association Opinion R-CALF v. Perdue Opinion Blog post on R-CALF v. Perdue Opinion Janus v. State, County and Municipal Employees Council