Ag Law In The Field

I'm really excited to have John McFarland, an oil and gas attorney who practices representing land and mineral owners and authors the popular Oil and Gas Lawyer Blog, on the show.  John is here to focus specifically on oil and gas royalties and the various legal issues that come up in that area. Contact John McFarland Website Blog    Links to Topics Mentioned on the Show Oil and Gas Lawyer Blog Checklist for Negotiating an Oil and Gas Lease   Podcast #33 Nicholas Miller (Negotiating an Oil and Gas Lease) 

There is no one who knows more about liens in Texas than our guest, David LeBas.  David graciously took time to walk us through several of the agricultural liens in Texas and explained how they apply and what a person must to in order to perfect these liens. Contact Info for David LeBas Website  

Mandatory Country of Origin Labeling.  Packer investigations and litigation.  Trade.  Slaughter regulations.  These are just some of the topics related to the beef industry that have been in the news recently.  I went to some of the leading experts in the country to talk us through these issues to help understand what has been going on and the economics and law behind these issues. Contact info for Dr. David Anderson (Email) danderson@tamu.edu  (Phone) (979) 845-4351 (Twitter) @LivestockEcon  https://twitter.com/LivestockEcon Contact info for Dr. Justin Benavidez (Email) justin.benavidez@ag.tamu.edu (Blog) https://agrilife.org/amarilloagecon/  (Twitter) @amarilloagecon  https://twitter.com/AmarilloAgEcon (Facebook) @Amarillo AgEcon  https://www.facebook.com/AMAAgEcon/ Contact info for Beth Rumley (Email) erumley@uark.edu (National Ag Law Center Website) https://nationalaglawcenter.org/  (National Ag Law Center Twitter)  @nataglaw  https://twitter.com/nataglaw Links to Topics Mentioned on the Show NDSU, TAMU,

Bart Fischer is an ag policy big wig, so we were thrilled to have him on the show to give us an overview of the recently announced Coronavirus Food Assistance Program (CRAP) program.  Bart give us a great rundown of the program, the various provisions, and some of the issues or questions that have arisen so far.  Don't forget that the CFAP sign up is open now through August 28, 2020. Dr. Bart Fisher's Contact Info (Phone) 979.845.5913 (Email) bartfischer@tamu.edu Links to Topics Mentioned on the Show AFPC Overview of CFAP Program paper 

Dicamba has been the big ag law news story over the last week.  Brigit Rollins is here to chat all about the US Court of Appeals opinion vacating the federal registration for Xtendimax, FeXapan, and Engenia.  We walk through the background of the products, rundown the facts of the case, discuss the details of the court's opinion, and speculate on where things may go from here.  We also chat about the other litigation involving these products related to drift claims.  If you want to get caught up on everything in one place, we've got you covered! Contact Info for Brigit Rollins (Email) brollins@uark.edu (Phone) 707-494-3138   Links to Topics Mentioned on the Show - Brigit's Deal with dicamba blog series  - Blog post on Ninth Circuit decision - Blog post on EPA Final Cancellation Order - Prior podcast episode on dicamba 

He's back... Our friend Jim Bradbury is back again to talk about the latest definition of "waters of the United States" under the Clean Water Act.  The Trump administration's "Navigable Waters Protection Rule" will be final on June 22, 2020 and Jim is here to walk us through the new rule, how it compares with the Obama adminstration's 2015 WOTUS Rule, and where we go from here.    Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind   Links to Topics Mentioned on the Show Episode #3 - Jim Bradbury (WOTUS Rule) Episode #16 - Ask an Ag Lawyer Program Recap Episode #29 - Jim Bradbury (WOTUS Update)  Episode #30 - Jim Bradbury (CERCLA Air Emissions Reporting & Agriculture) Episode #51 - Jim Bradbury (WOTUS Update)  Episode #58 - Jim Bradbury & Jesse Richardson (Pros and Cons of Conservation Easements)  Text of the Navigable Waters Protection Rule  National Ag Law Center blog post on litigation challenging NWPR

The recent United States Supreme Court decision in County of Maui v. Hawaii Wildlife Fund will have major implications in both water and environmental law.  Hear about the case, the opinion, and the potential impact on agriculture and other industries going forward from two of our favorite podcast guests, law professors Jesse Richardson and Anthony Schutz.   Contact Info for Jesse Richardson (Email)  jesse.Richardson@mail.wvu.edu (Phone) 304-293-9460 (Twitter)  @jessejames8785   Contact Info for Anthony Schutz (Website) https://law.unl.edu/anthony-schutz/  (Twitter) https://twitter.com/anthony_schutz    Links to Topics Mentioned on the Show Blog post on County of Maui v. Hawaii Wildlife Fund opinion Podcast: SCOTUS Oral Argument Recap EPA Interpretive Statement on indirect discharges  Blog post summarizing indirect discharge cases Podcast:  Anthony Schutz on the Clean Water Act   Podcast: Jim Bradbury & Jesse Richardson on Conservation Easements Podcast: Jesse Richardson on Regulatory Takings  Pod

The law surrounding estate, gift, and inheritance tax is an are that is both complicated and important, especially for agricultural producers.  Today, Kitt Tovar and I discuss the key issues related to these taxes and hope to help listeners flag considerations in their own lives where there could potentially be tax implications.  Contact Info for Kitt Tovar (Website) https://www.calt.iastate.edu/people/kitt-tovar (Email) kwtovar@iastate.edu   Links to Topics Mentioned on the Show Center for Ag Law and Taxation website

I'm willing to bet that no one knows more about wind energy leases than Shannon Ferrell.  We are excited to have him on the show today to discuss some of the key considerations when negotiating a wind lease. Contact Info for Shannon Ferrell (Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell (Website) http://agecon.okstate.edu/faculty/profile.asp?id=shannon.l.ferrell&type=faculty  Links to Topics Mentioned on the Show Shannon's prior podcast episode "Transition Planning" Shannon's prior podcast episode "Transition Planning & Lessons from the S Lazy H" Shannon's "Wind Energy Leasing Handbook" Texas statute on required wind lease terms

There have been a number of legal and economic issues that have arisen in light of the COVID-19 situation.  Today, Brandon Davis and Nate Huff join me to talk about the impact of COVID-19 and the H-2A worker program and other labor and employment issues.   Contact Info for Brandon Davis & Nate Huff Brandon Davis Nate Huff Links to Info Mentioned on the Show Phelps Dunbar Fact Sheet FAQs on COVID-19 & the H-2A Program 

Copyright. Trademark. Patent.  These intellectual property concepts are important to be aware of and each come up in various contexts involving agricultural law.  Today, Tave Doty and Rick Sanchez join us to talk about the differences in these three protections, when each are used, and what must be done to qualify. This educational discussion summarizes information relating to intellectual property protections in the U.S. This information is not intended to establish an attorney-client relationship, or to be construed as legal advice.  However, Tave and Rick welcome the opportunity to discuss these matters further with you. Contact Info for Tave Doty https://www.whitakerchalk.com/people/tave-parker-doty/  Contact Info for Rick Sanchez  https://www.whitakerchalk.com/people/rick-sanchez/

Special use property tax valuation is an important consideration for rural Texas landowners.  I am thrilled to have Cassie Gresham with us to talk about the different types of tax valuation options for people in agriculture, what is required to receive this special use valuation, the policy reasons behind the valuation, and what happens if land is taken out of the qualifying agricultural use. Contact Info for Cassie Gresham (Phone) 512.894.5426 (Email) cgresham@braungresham.com (Website) https://braungresham.com/meet-the-team/cassie-gresham/   Links to Topics Mentioned on the Show   Texas Comptroller website for special use valuation Texas Parks & Wildlife website for wildlife valuation Plateau Land & Wildlife Management free events  Texas A&M AgriLife Extension wildlife management valuation

Unfortunately, financial stress is a real issue for many agricultural producers today.  I am really excited to have Michael Fielding join us on the podcast to discuss how to deal with distressed agricultural loans.  When an operator finds themselves in trouble, what steps can and should an operator take?  Michael offers some really great, practical tops and advice for farmers and ranchers finding themselves in this situation. Contact Info for Michael Fielding (Website) https://www.huschblackwell.com/professionals/michael-fielding (email) michael.fielding@huschblackwell.com (Twitter) @MikeDFielding

After receiving a ton of feedback on recent blog posts that I published outlining two types of specialty deeds, I thought a podcast outlining and comparing Transfer on Death Deeds and Lady Bird Deeds might be helpful as well.  Luckily, my friend Garrett Couts has done a good deal of work in this area and was willing to come on the show to really walk us through a comparison of these two estate planning tools. Contact Info for Garrett Couts (Website) Links to Topics Mentioned on the Show - Blog post summary of TODDs - Blog post summary of Lady Bird Deeds - Texas Estate Code on TODDs  - Prior Elder Law podcast episode with Kristen Porter - Prior Stepped Up Basis podcast episode with Pat Dillon

I'm really excited about today's episode.  Water law is, obviously, a huge issue here in Texas.  Today, Victoria Whitehead is here to give us all the info about Groundwater Conservation Districts. Contact Info for Victoria Whitehead (Website) https://victoriawhiteheadlaw.com/ Links to Topics Mentioned on the Show Prior Groundwater Law Podcast with Doug Caroom  GCD Index  Law review article on exempt wells and oil and gas production Prior podcast with Jesse Richardson on Regulatory Takings State Water Plan Interactive Website  

Pat Dillon is back!  Taxes are not my area of expertise, so I called in the expert from Iowa.  Pat walks us through all the info related to capital gains taxes.  What are they?  When are they owed?  What is a stepped up basis? How do we know when this is a concern? Should this impact an estate plan?  He'll answer all of these questions! Contact Info for Pat Dillon (Website) http://dillonlawpc.com/  (Email) info@dillonlaw.com (Phone) 563.578.1850 (Twitter) https://twitter.com/Dillonlaw    Links to Topics Mentioned on the Show Pat's prior podcast episode - True Stories from a Small Town Lawyer Blog post on Transfer on Death Deed Blog post on Lady Bird Deed Fact sheet I co-authored with Terry Griffin on how to use USDA data to help estimate stepped up basis value    

It's time again for our traditional Ag Law Year in Review.  I welcome my friend Paul Goeringer,Extension Ag Law Specialist at the University of Maryland, to the show to look at some of the biggest ag law stories for 2019.  Our list includes: Hemp WOTUS definition Round Up litigation Clean Water Act Groundwater as a Conduit/Indirect Discharges  Right to Farm litigation Beef checkoff litigation A workers compensation case in Maryland Two pending cases at the Texas Supreme Court 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 - 2019 Ag Law Year in Review blog post  - Summary of USDA Interim Final Hemp Rule - Video summary of USDA Interim Final Hemp Rule  - List of blog posts addressing WOTUS definition - Groundwater as a conduit background - Podcast discussing SCOTUS oral argument in Maui County v. Hawaii Wildlife Fund  - Most recent podcast about North Carolina nuis

If you have never heard the song "S Lazy H" by Corb Lund, you need to listen right now.  Click here and get a tissue.  It's a punch in the gut and the perfect way to tee up the importance of transition planning in agriculture.  Shannon Ferrell is one of the leading experts in the United States on estate and transition planning in agriculture.  He did some interesting research into the odds of a family farm surviving if it is passed to the next generation by leaving equal, undivided interests to heirs.  The results are both surprising and important. Contact Info for Shannon Ferrell Website Links to Topics Mentioned on the Show Prior podcast episode on Transition Planning with Shannon Oklahoma State University Farm Transition handbook  S Lazy H song 

Recently, a number of ag lawyers around the country were in Washington, DC for the American Agricultural Law Association.  As luck would have it, the US Supreme Court scheduled oral argument in County of Maui v. Hawaii Wildlife Fund, a Clean Water Act case that could have major impacts for agriculture.  You know I jumped at the chance to go listen! Today's episode features four ag lawyer friends of mine who all attended oral argument that day sharing their impressions of seeing oral argument at the Court, the arguments, and their predictions for what the Court's opinion might look like. Contact Info for Guests Jesse Richardson: https://www.law.wvu.edu/faculty-staff/land-use-clinicians/jesse-richardson  Nate Huff: https://www.phelps.com/nathan-huff  Mary-Thomas Hart: https://www.linkedin.com/in/mary-thomas-hart-587ba247  Austin Vincent: Austin.c.vincent@ttu.edu Links to topics mentioned on the show Blog post on County of Maui v. Hawaii Wildlife Fund

Fence law is one of my very favorite topics and Kyle Weldon is one of the most knowledgeable attorneys in Texas to discuss this topic.  What is the difference between open range and closed range?  When is an animal owner liable for livestock hit on the roadway?  What are the rights of a neighboring landowner who finds another's animals on his or her property?  Kyle and I discuss each of these questions in this episode.   Contact Info for Kyle Weldon (website) https://www.hfblaw.com/lawyer/kyle-k-weldon  (email) kweldon@hfblaw.com (phone) 817-870-8732   Links to topics mentioned on the show - Kyle's prior podcast episode #2 (TAMU Law); #16 (Ask an Ag Lawyer Recap) - Five Strands: A Landowner's Guide to Fence Law in Texas  - Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know (Chapter 6 on Fence Law) - Texas fence law statute - Texas estray law statute  - Blog post on Garcia v. Pruski case - Blog post on AG Opinion request regarding Presidio County