Ag Law In The Field

One of my favorite sessions at this year's American Agricultural Law Association Conference was titled "Consumer Impact on Livestock Production."  I was so excited when one of the speakers, Brianna Schroeder, agreed to join me on the podcast to discuss this really interesting and important topic. Looking in particular at the dairy and poultry industries, Brianna and I walk through certain production practices on the farm that have been driven by various consumer demands.  For example, many dairy producers are now selling milk under contracts that may require certain animal care standards on the farm or may limit the type of feeds that may be given to animals.  This issue is broad and impacting livestock producers across the country and across various industries as well. We walk through some of the common terms that are popping up in contracts including animal care standards, insuring only non-GMO feed for cows, greenhouse gas emission requirements, limitations and reporting requirement on the use of antibioti

Landowner liability is one of the most popular topics I am asked to speak about.  A key component of risk management and liability protection for Texas landowners is to be aware of three limited liability statutes offered by Texas law and to ensure they apply to one's operation.  Today, Jourdanton, TX-based attorney, Trace Blair, joins me to walk through each of the three Texas statutes providing limited liability for landowners:  Recreational Use Statute, Agritourism Act, and the Farm Animal Liability Act.  We discuss the requirements of each statute, explain what folks need to do for the statutes to apply, and walk through some real world examples of how these laws work. Contact information for Trace Blair (Email) tblair@wigrum.com  (Website) http://www.wigrum.com/attorneys/trace-blair/    Links to resources mentioned on the show - Prior episode with Trace Blair on hunting leases - Article on Texas landowner limited liability statutes - Where Can I Find the Agritourism Act Signs?

How can horse owners protect themselves and their operation from liability in the event an injury occurs?  My friend Alicia Meinzer is an attorney in Weatherford, Texas who practices in equine law and is a horse owner and enthusiast.  When I thought about doing this type of podcast, she was the first person to come to my mind. As Alicia explains, she likes to think of risk management of building a brick wall to protect her clients from liability such that if one brick falls, the remainder of the wall does not crumble.  Bricks we discuss include liability insurance, liability releases, the Farm Animal Liability Act, and potential business entity creation. I feel sure you will enjoy Alicia's practical knowledge and advice on this important topic for all equine owners! Contact information for Alicia Meinzer (Phone) (817) 596-4200 (Email) alicia@ektexas.com (Website) http://www.ektexas.com/alicia-d-meinzer/   Links to topics mentioned on the show - Blog post on Farm Animal Liability Act - Article discussing Texa

One of my absolute favorite agricultural law topics is Right to Farm statutes.  In fact, I wrote my law school paper on this topic nearly 10 years ago.  I like to say, I did Right to Farm before Right to Farm was cool! Today, my friend Ashley Ellixson joins me to talk all about Right to Farm statutes.  What are they?  How do they apply?  What are some key terms in statutes across the country?  We cover all of this and more in this podcast episode.   Contact Info for Ashley Ellixson (Email address) aellixson@UDAZ.ORG (Twitter)  https://twitter.com/Legally_Ashley   Links to topics mentioned on the show -  National Agricultural Law Center Right to Farm law compilation - "Understanding and Interpreting Right to Farm Laws" - Texas Right to Farm Law blog post - Ag Law in the Field Podcast with Jake Parker (NC Nuisance Litigation)

After our episodes on hunting leases and grazing leases, I had some folks request a discussion about farm leases.  I contacted my friend Erin Herbold-Swalwell, an agricultural attorney in Iowa, who is an expert on drafting and litigating farm lease agreements. Erin and I talk through some key issues that come up with regard to row crop leases, including why these leases should be in writing, how payments are generally structured, and some key terms that should be considered and included in lease agreements.  Our discussion also offers an interesting look at some differences between laws regarding farm leases in Iowa and Texas. Contact Info for Erin Herbold-Swalwell Email: Erin.Herbold-Swalwell@brickgentrylaw.com Phone: 515-271-5908 Website: http://www.brickgentrylaw.com/attorneys/39/erin-herbold-swalwell.aspx  Links to Info Discussed on the Show Ag Lease 101 website USDA - NASS Survey Texas Land Value Trends Report Iowa State Land Tenure Survey  

Anyone who has purchased property knows that this can be a complex and time-consuming process.  Today, David Waggoner, an attorney and title company owner, is here to talk us through a step-by-step explanation of what happens between an offer to purchase property and a final deed being executed.  What is earnest money?  Why do people get title insurance?  What documents are executed?  What should you be on the lookout for in a title commitment?  He will answer all of these questions and more!   Contact Info for David Waggoner (Email) waggonerlawfirm@aol.com (Phone)  254-580-0265

The probate process is something that is a bit confusing and there are a lot of myths surrounding here in Texas.  My friend and Stamford, TX-based attorney, Stephanie Bradley Fryer, is here today to explain what probate is and help walk us through exactly the steps that will happen in probate when a person dies with a will and when a person dies without a will.   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 Episode #8 James Decker (Alternatives to Probate) Texas Intestacy Statutes 

Today we're covering one of my very favorite topics...grazing leases!  In my role here at Texas A&M, this is by far the topic I am asked to speak on the most.  What terms should be included?  Do they really need to be in writing?  How much should I charge? My friend and TAMU Alum Cari Rincker is here today to talk through all of these questions and more.   Contact information for Cari Rincker (Website) https://rinckerlaw.com/   (Email) cari@rinckerlaw.com  (Twitter) https://twitter.com/CariRincker (Facebook) https://www.facebook.com/RinckerLaw/  (Instagram) @rinckerlaw   Links to Topics Mentioned on the Show - Cari's prior appearance on this podcast - USDA - NASS Survey results - Texas Rural Land Value Trends - Ranchers Agricultural Leasing Handbook - Ag Lease 101

Adverse possession, otherwise known as "squatter's rights" is a topic that is controversial and often misunderstood.  When can a person claim ownership of another's real property based upon open, notorious use over a certain period of time?  That's the topic that Amber Miller is here to discuss today. Claiming title to land owned by another is not easy, and adverse possession is disfavored by courts.  Thus, a person seeking ownership of property based upon a claim of adverse possession must be able to prove a number of required elements.  For persons seeking to claim adverse possession based upon agricultural uses such as grazing or farming, these requirements are extremely specific and exacting.  We walk through the different types of adverse possession in Texas, the elements that much be proven for each, and give some examples from case law on how this works in the real world.   Contact Info for Amber Miller (Website) https://www.cdmlaw.com/attorneys/amber-s-miller/  (Email) amiller@cdmlaw.com  (Twitter) ht

If you follow agricultural law at all, you've likely seen news from North Carolina that a number of nuisance lawsuits that were filed against Smithfield Foods subsidiary Murphy Brown have resulted in two multi-million dollar verdicts in favor of the plaintiffs.  Many of the operations targeted in these lawsuits have been in existence for years and were not violating any state of federal statutes.  This has sent shock waves throughout North Carolina and the country and is particularly concerning to agricultural operations who wonder whether they could face this type of action. Our guest today is Jake Parker, State Legislative Director for the North Carolina Farm Bureau.  Jake walks though the history of the lawsuits currently pending in North Carolina, offers some thoughts on various strategic decisions that have been made in the litigation, reports on the results of the first two lawsuits, and discusses a recent amendment to the North Carolina Right to Farm Act in an attempt to protect farmers from these type

I'm excited to have Dr. Jason Johnson, a District Economist for Texas A&M Agrilife Extension on the show today to talk about Pasture, Rangeland, and Forage Insurance, more commonly referred to as rainfall insurance.  As Dr. Johnson explains, this is an insurance product through the USDA Risk Management Agency that allows a producer to essentially insure average rainfall for his or her area, and receive an indemnity payment if no rainfall occurs.  This episode will provide an overview of the program and walks you through the four decisions that must be made in order to enroll.  We also talk about how to sign up, including the deadline to do so, who you can purchase through, and how the RMA shares in the premium cost. Contact Info for Dr. Jason Johnson (Phone) (254) 968-4144 (Email) jljohnson@tamu.edu (Website) http://agecon.tamu.edu/faculty-staff/faculty/johnson-jason/    Links to Information Mentioned on the Show RMA Pasture, Rangeland and Forage website RMA Decision Tool and Grid Locator RMA Pasture Rang

Today is an extremely important topic, not just for those of us involved in agriculture, but for everyone.  My colleague, Andy Crocker, is an Extension Program Specialist in Gerontology and Health with Texas A&M Agrilife Extension.  We talk about the importance of having conversations and thinking through our plans and desires concerning our end of life planning.  From determining who will serve as an agent under a Power of Attorney, to ensuring that everyone understands your wishes in an Advanced Healthcare Directive, there are a number of considerations and conversations that need to be had.  We also talk through several key documents that people should consider drafting, including the Advanced Healthcare Directive, medical Power of Attorney, Power of Attorney, and, depending on the circumstances, an Out-of-Hospital Do Not Resuscitate Order.  We discuss the difference in these documents and the requirements to draft them in Texas. Finally, we focus on issues surrounding long-term care planning, includin

We're talking about a topic that is important to the agricultural industry: the H2A Agricultural Guest Worker Program.  Texas A&M alum and attorney Kyle Farmer practices  in this area and is here today to help discuss the scope of the program, requirements to qualify, and the steps that must be taken in order to obtain approval.  We also discuss the importance of this program to US agriculture, and some of the limitations of the current program.  Finally, we wrap things up by briefly discussing a current bill in Congress that would do away with the current program and create a new H2C program.   Contact Info for Kyle Farmer Phone: 515-357-2114 Email: Kyle@ffbfirm.com Firm website: https://www.farmerandfarmerpllc.com/   Links to Info Mentioned on the Show --USCIS H-2A website -- Summary of proposed Agricultural Guest Worker Act of 2017  -- Text of Agricultural Guest Worker Act of 2017

Negotiating an oil and gas lease can be complex and confusing.  Today, Nicholas Miller is here to help offer some practical advice and tips for mineral owners who may be negotiating a lease agreement.  Nicholas walks us through how the leasing process typically works, what terms are usually contained in the offer letter and a lease form, and how he approaches negotiations.  From the "going" royalty rate in Texas to the first terms he seeks to delete from the agreement, Nicholas is a wealth of knowledge and this podcast will be helpful to anyone dealing with mineral leases!   Contact Info for Nicholas Miller - Website: https://www.gdhm.com/attorneys/nicholas-c-miller/ - Phone number: 512.480.5656 - Email: nmiller@gdhm.com   Links to Topics Mentioned on the Show - Prior podcast episode on surface damages with Parks Brown - TX Railroad Commission website - Oil and gas leasing checklist - Oil and Gas Lawyer Blog - Texas Land and Mineral Association - Petroleum Production on Ag Land in Texas handbook      

Today, our topic is officially titled "The Regulatory Regime for Modern Plants and Animals."  We're fortunate to be joined by Drew Kershen, Professor Emeritus at the University of Oklahoma College of Law.  Drew taught Biotechnology Law and Policy for over a decade at the University of Oklahoma and is one of the most respected speakers on this and a number of other agricultural law topics. Today, our focus is the various legal issues and regulatory schemes surrounding biotechnology in agriculture.  We focus on the differences between genetic engineering and genetic editing and talk about examples of each of these processes.  Additionally, we spend a good deal of time walking through the various regulations that apply to these processes, both here in the United States, as well as abroad.  We also look into the impact these issues can have on international trade and talk a bit about labeling concerns in the United States.   Contact Info for Drew Kershen - Email: dkershen@ou.edu - Website: http://www.law.ou.edu/d

Today, I'm excited to have Todd Janzen of Janzen Ag Law, an Indianapolis-based law firm.  I've had several folks ask questions about the idea of "right to repair" as it relates to tractors.  When farmers purchase equipment, it often includes software, for which the farmer technically purchases a license to use.  As part of the license agreement, the farmer is not allowed to make modifications or repairs to the software on the tractor.  Instead, those repairs or modifications must be done by a licensed dealer or repairman.  Todd helps walk us through some of the legal issues and policy considerations when looking at this issue. Contact info for Todd Janzen (Website) http://www.aglaw.us/  (Blog) http://www.aglaw.us/janzenaglaw/  (Twitter) https://twitter.com/JanzenLaw  (Phone) 317-855-9920 Links to info mentioned on the show  Hand Me That Wrench: Farmers & Apple Fight Over the Toolbox Article on right to repair legislation "Why American Farmers Are Hacking Their Tractors with Ukranian Firmware"

*Update:  Shortly after this podcast aired, Congress passed the Fair Agricultural Reporting Method Act within the Omnibus Spending bill.  This Act exempts emissions from animal waste at farms from being reported.*   He's back!  This is Jim's third appearance on the Podcast, and today he is here to talk about a really important issue that makes reporting air emissions from animal waste be on the horizon for many agricultural producers.  Under the federal environmental law CERCLA, anyone emitting certain amounts of hazardous materials into the air must file reports with the National Response Center.  In 2008, the Environmental Protection Agency passed an exemption from this reporting requirement for most agricultural producers. In 2017, however, a federal court found that exemption to be illegal in a case called Waterkeeper Alliance v. Environmental Protection Agency.  In light of this, beginning May 1, 2018 (subject to further stay by the court or EPA), producers whose operations emit more than 100 pounds of a

Our friend Jim Bradbury is back again to give us an update on what's happening with WOTUS.  Jim has a law firm based in Austin and Ft. Worth and he represents a number of agricultural clients and specializes in environmental issues. He was here almost a year ago on Episode #3 talking about this same topic, but a lot has happened in the last year! Jim offers some background on the Clean Water Act, an update on all of the procedural wrangling surrounding the 2015 WOTUS Rule, and some practical advice for landowners on what they need to understand related to the Clean Water Act. Contact information for Jim Bradbury: (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) https://twitter.com/jimbluewind    Links to Info Mentioned on the Show - Jim's prior podcast episode - President Trump's Executive Order on WOTUS - Blog post on the Clean Water Act and Agriculture - Blog post on Duarte settlement

Today the ever-popular James Decker is back with us on the show.  This time, he's here to talk about a topic that is both complex and near-and-dear to his heart, easements and landlocked property.  As we discuss, the "coffee shop law" idea that a person has to be given access to his or her landlocked property is not actually true under Texas law.   James and I discuss the various types of easements, have a discussion about options and considerations for folks who own landlocked property, and he gives us some practical advice on what landowners should do with regard to easements.  (Hint:  GET IT IN WRITING!)   Contact info for James Decker (Email)  james@sgdalawtx.com (Website)  http://sgdalawtx.com/  (Twitter)  @jamesdecker2006  (Facebook)  https://www.facebook.com/james.decker  (Instagram) @jamesmdecker

Today, we talk about the D-word....dicamba.  This was easily the ag law issue of the year in 2017 and although we hope the same is not true for 2018, time will tell.  I'm joined by Kelly Nuckolls Winslow, Extension Ag Law SPecialist with the University of Maryland to talk about the legal issues related to dicamba.  We will give an overview of the new dicamba-tolerant seeds and products that started it all, discuss regulatory actions taken by the Environmental Protection Agency and various states, and we will discuss litigation pending around the country. Contact info for Kelly - Email:  tnuckoll@umd.edu - Phone:  301-405-1295 - Program website:  http://umaglaw.org/