Ag Law In The Field

There are a number of common legal issues related to surface water law in Texas.  What surface water uses require a permit?  What types of uses are exempt from the TCEQ permitting process? How do we know if water on my property is state owned or not? What are the impacts of there being a "navigable stream" across my property? Today, I'm excited to have Jason Hill on the podcast.  Jason has a practice in Austin where he focuses on Texas water law.  He's here (on his birthday!) to walk us through the answers to some of these FAQs.    Contact Info for Jason Hill (website) https://www.jthill.com/ Other Topics Mentioned on the Show Prior podcast on TX surface water law Prior podcast on TX groundwater law Blog post: Public Right of Use for Texas Waterways Landowner handbook "Owning Your Piece of Texas: Top Laws TX Landowners Should Know"  

I'm so excited about this episode.  Elder law is a topic I have wanted to cover for a long time, and Kristen Porter is just the person for the job! Kristen walks us through the basics of elder law and long-term care planning.  From considerations for how to pay for long-term care, to the basics of Medicaid, to different methods of transferring property for planning purposes, this episode is one that I learned a great deal from.  I trust you will too! Contact Info for Kristen Porter (website) http://www.kporterlaw.net/ (phone) 830-358-7632 Links to Topics Mentioned on the Show  - Prior podcast episode on farm & ranch estate planning with Shannon Ferrell - Prior podcast episode on end of life documents with Andy Crocker - National Academy of Elder Law Attorneys website

I've been trying to get J Pete Laney on the show for years, and today we made it happen!  He's here to give us a rundown of some of the key bills coming out of the 2019 Texas Legislative session for Texas agriculture.  From hemp to feral hogs, brackish groundwater to rollback taxes, J Pete gets us up to date on the new laws you need to know! Contact Info for J Pete Laney (website) http://www.jpetelaneylaw.com/ (phone) 512-473-0404   Links to Topics Mentioned on the Show - Text of HB 1325 (hemp) - Text of HB 2845 (wind leases) - Blog post on wind lease bill - Text of HB 1743 (rollback taxes) - Text of SB 317 (feral hogs) - Text of HB 722 (brackish groundwater) - Text of HB 191 (disposal of pesticide containers) - Text of HB 3557 (drones & critical infrastructure) - Text of SB 14 (electric co-ops & broadband) - Text of HB 1079 (ports to plains highway)

I'm really excited to have Benjamin Needham on the podcast today to give us a real "boots on the ground" look at the importance of good surface use agreements.  In his role as a registered landman representing a large land and mineral owner in the Texas Panhandle he has seen first hand some of the issues that can arise when mineral production is happening on agricultural land.  Ben shares some key terms included in surface use agreements he has been a part of and some real life stories of how these terms have protected landowners. Contact Info for Benjamin Needham, RL (email) benjamin.e.needham@gmail.com (phone) 405-742-7457 Links to topics mentioned on the show American Association of Professional Landmen Prior podcast episode on surface use agreements with attorney Parks Brown  

Crop insurance is an extremely important risk management tool for agricultural producers.  From multi-peril crop policies to pasture, range and forage insurance, to crop-hail coverage, there are a number of policies that can be written to protect an operation.  Today, Rebecca Wann from Cross Bar W Crop Insurance joins us to give a brief overview of crop insurance and offer some pointers for folks choosing an agent, keeping track of deadlines, and considerations to keep in mind when selecting coverage types and levels.   Contact Info for Rebecca Wann (Phone) 806.679.0318 (Email) rebecca@crossbarw.com  (Website) www.crossbarw.com  

If you're like me, terms like "block chain" and "whole genome sequencing" are confusing.  What are these things?  How do the work?  How do they apply to food safety?  How will this impact us at the farm level? John Dillard, a Principal Attorney at OFW Law in Washington, DC, is on the show to help us answer all of these questions and give us his thoughts on where we are headed with regard to food safety and traceability. John also offers some advice for law students interested in working in DC in ag law or policy that's really helpful! Contact Info for John Dillard Phone: (202) 518-6349 Email: jdillard@ofwlaw.com Twitter:  @DCAgLawyer Profile on law firm website: https://www.ofwlaw.com/attorneys/john-g-dillard/   

Solar leases are growing in popularity around Texas, and I've gotten a number of questions and requests for information from landowners interested in this topic.  I'm thrilled to have Parks Brown, a San Antonio-based attorney, here with us to talk to us about solar lease agreements and offer his best tips for negotiating a lease agreement for your land.   Contact information for Parks Brown (Email) pbrown@ufjbwlaw.com (Website) http://ufjbwlaw.com/f-parks-brown/    Links to other topics mentioned on the show Prior podcast with Parks on surface owner rights Solar leasing handbook by Shannon L. Ferrell

I'm really excited about this interview with Alli Condra, an associate attorney with Davis Wright Tremaine, LLP in Portland, Oregon.  We've not yet had an episode featuring on food law, so I asked Alli to give us an overview of some of the major legal issues facing the food industry.  From what labels are required (or prohibited) on packages to what food can be called to commonly litigated issues, Alli does a great job of highlighting legal considerations I had never even thought of related to food law. Contact info for Alli Condra (website) https://www.dwt.com/people/c/condra-allison-b?tab=overview (email) allisoncondra@dwt.com (phone) 503-778-5261

I'm thrilled to have two guests on this episode of the podcast.  We've got Texas-based attorney, Jim Bradbury, and West Virginia University Law Professor, Jesse Richardson, on the show to talk details, pros, and cons of conservation easements.  Jim and Jesse have both done a good amount of work in this area, and while they agree on many issues, they have different perspectives on some areas as well.  I'm confident this episode will be useful in learning about this important topic! Also, for the attorneys in the crowd, Jim refers to conservation easement work as "the extreme sport of lawyering."  You don't want to miss this! Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind   Contact Info for Jesse Richardson (Email)  jesse.Richardson@mail.wvu.edu (Phone) 304-293-9460 (Twitter)  @jessejames8785

Insurance is one of the most important topics I speak about.  For agricultural landowners and producers, I think this is likely the most important issue to consider in order to protect the operation.   Today, I'm joined by my friend (and my own insurance agent), Shayna Dorsey, to chat about the common types of insurance policies for those of us involved in agriculture and to talk through some key issues to consider when evaluating and purchasing insurance coverage. Contact Info for Shayna Dorsey (Website) https://www.theoliveagency.com/  (Phone) 940-613-4616 (Facebook) https://www.facebook.com/theoliveagency/

Last month, I read a great article in Morning Ag Clips and had several podcast listeners contact me suggesting this topic for the show.  I contacted the author, Kate Ziehm, who was gracious enough to come on the podcast and talk to us about some of the lessons she learned visiting with farm widows in preparation for writing her article, "A Not So Fun Topic..."  Taking time now to visit about financial planning, estate planning, and the future of the family farm should tragedy strike is not enjoyable but is certainly important and necessary.  Kate's article and this interview do a good job of illustrating that. Contact Info for Kate Ziehm (Email) kate@morningagclips.com  (Email for story ideas) info@morningagclips.com (Website) https://www.morningagclips.com/  (Facebook) https://www.facebook.com/MorningAgClips/    Links to Topics Mentioned on the Show Subscribe to Morning Ag Clips A Not So Fun Topic Pink Tractor Magazine Kate's Article in Pink Tractor "Women Who Farm" Ag Law in the Field Episode #35 End of Li

The Clean Water Act is a complex statute that can have major impacts on landowners across the country.  Today's guest is University of Nebraska Law Professor Anthony Schutz, who gave us a great overview of the Clean Water Act, and the two key sections that impact agriculture, Section 402 and Section 404. 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 Most recent WOTUS podcast with Jim Bradbury Groundwater as a Conduit/Indirect Discharge cases blog post EPA Interpretive Statement on groundwater as a conduit   

What is a trust?  How does it work?  Why would someone need one?  What are the pros and cons of using this type of entity?  What's the difference between a living trust and a testamentary trust? Our friend Stephanie is back on the show today to answer all of these questions and more!   Stephanie Bradley Fryer's Contact Information (Website)  https://bradleyfryercounsel.com/ (Phone) 325.307.8660 (Email) stephanie@bradleyfryercounsel.com (Facebook) Stephanie Bradley Fryer PLLC (Twitter) @StephBrad07 Links to Topics Mentioned on the Show Stephanie's prior podcast episode on the Texas Probate Process

I get lots of questions from folks interested in agricultural law.  What majors should I consider in undergrad?  What courses should I take in law school?  What does an agricultural lawyer really do?  What are your best tips for someone interested in law school? I rounded up some of the best in the business to answer these questions. I'm hoping that by offering different thoughts and perspectives, this episode will be helpful in illustrating there really is no one path to a career in agricultural law. We've got two practicing attorneys.  Cari Rincker, a Pace University School of Law alum, owns her own law firm with offices in Illinois and New York City.  Amber Miller is a partner at a law firm in Lubbock, TX and went to law school at Drake University. Next up, I interviewed Jennie Zwagerman, a law school faculty member at Drake University who is the incoming Director of the Drake Agricultural Law Center and works in career services. We wrap things up with a current law student, Austin Vincent, who is in his s

I've been wanting to have Zach Brady on the podcast for quite some time, so when he agreed to answer some of the most frequently asked questions about eminent domain, I knew we would be in for a treat.  From who has the right to condemn property, to advice for choosing an attorney, to whether a company can come on and survey property, Zach has some great information and advice for Texas landowners. Contact Info for Zach Brady (website) http://www.bhlawgroup.com/  (phone) 806-771-1850    Links to Related Topics Podcast episode with Luke Ellis on the nuts and bolts of eminent domain law and procedure Texas Pipeline Negotiation Checklist Texas Landowner Bill of Rights

He's back... Our friend Jim Bradbury has returned to talk to us for a third time about the current status of the "Waters of the United States" ("WOTUS") rule.  Jim walks us through the background of the Clean Water Act and how WOTUS fits into that framework, gives a history of how we got from the 2015 rule to today, and then walks us through the differences between the 2015 rule and the newly released 2018 proposed rule. This is a great podcast for anyone interested in water law, environmental law, agricultural law, or landowner rights. Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) https://twitter.com/jimbluewind    Links to Topics Mentioned on the Show Jim's first WOTUS podcast episode Jim's second WOTUS podcast episode President Trump's Executive Order on WOTUS Map showing current applicability of 2015 WOTUS Rule EPA maps showing scope of 2015 WOTUS Rule  

We're excited to have our friend Judd Gardner, an agriculture legislative assistant for US Senator Jerry Moran.  Judd is my go-to on all things Farm Bill and you may remember him from Episode 12, where he gave us an overview of the 2014 Farm Bill. Judd joins us to walk through some of the key changes that ag producers should be aware of in the recently passed Farm Bill.  From hemp production to changes to ARC and PLC to conservation programs, Judd walks us through many of the major issues included in this important piece of legislation. Contact Info for Judd Gardner (Email) Judd_Gardner@moran.senate.gov Links to information mentioned in the show - Episode #12 with Judd  

I can't tell you how excited I am to share this episode with you. This episode is important for anyone who hauls livestock, equipment, commodities, seed, or any other agricultural product for commercial use. There are a lot of questions and confusion out there about federal hauling regulations relating to Hours of Service and Electronic Logging Devices.  These rules are complex, and are something that anyone involved in agriculture should be aware of. Today, Jara Settles, General Counsel at the Livestock Marketing Association, joins us to explain what electronic logging devices even do, walk through the rules, explain to whom they apply, discuss a number of exceptions, and talk some policy concerns for the livestock industry, in particular. I've talked with a lot of lawyers about this topic, and Jara is hands down the most knowledgeable.   Contact Info for Jara Settles Email jsettles@lmaweb.com  Website https://lmaweb.com/  Links to Topics Mentioned on the Show Livestock Marketing Association Facebook page F

Hello and Happy New Year! Today on the show, I'm glad to welcome back our friend Jake Parker.  You may remember Jake from Episode #37 where he gave us the background info and reported on verdicts in the first two nuisance lawsuits filed against Smithfield Food subsidiary, Murphy-Brown, in North Carolina. A lot has happened since July, so I asked Jake to come back on the show and give us a little update.  There have now been four trials completed, so Jake updates us on the third and fourth verdicts, both very different and very interesting from a legal standpoint.  We also talk about an order from the US Court of Appeals for the Fourth Circuit requiring the trial court judge to lift a gag order that prohibited the parties from discussing the case. Lastly, we talk about where we go from here, including a preview of the fifth trial and an upcoming interlocutory appeal on numerous issues. Contact Info for Jake Parker Email: jake.parker@ncfb.org Phone: 919-782-1705 Twitter: @jakeparkerjr Links to Topics Mentioned

Welcome to our Second Annual Ag Law Year in Review!  My friend Paul Goeringer, Extension Ag Law Specialist at the University of Maryland joined me once again to look at the biggest ag law news from the past 365 days. From Syngenta to dicamba, air emissions to electronic logging devices, we cover it all!   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 - Background on Syngenta litgation - Blog post on Syngenta Proposed Settlement - Paul's webinar featuring Drew Kershen - Lawsuit decision requiring air emissions reporting - EPA announcement that emissions reporting not required - Groundwater as conduit blog post - North Carolina nuisance lawsuit summary - Podcast episode on NC nuisance lawsuit with Jake Parker - Amended NC Right to Farm statute - Texas Right to Farm statute - Agriculture Exceptions and Exemptions to the FMCSA Rules - Summary of dicamba liti