Wyoming’s Data Trespass Statute Violates the First Amendment of the Constitution


data trespass ruling

In this episode, Paul discusses a recent 10th Circuit Court of Appeals ruling holding that Wyoming’s Data Trespass law violated the First Amendment of the U.S. Constutition.  This law has been seen by many to be a version of an ag-gag law.  Paul also gives producers tips on what can be done that is still constitutional.   Continue reading

Maryland Circuit Court Rules That County Pesticide Ordinance Preempted By State Laws

montgomery county ordinance

Image by Montgomery County Planning Commission.  Image shows barley almost ready for harvest.

In this episode, Paul discusses a recent decision, Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County’s pesticide ordinance was preempted by state law.  The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes.  The ordinance contained a number of exemptions including one for agriculture.  The court found the law was preempted by state laws related to pesticide use.  Materials discussed in this episode: Continue reading

Two Class Action Complaints Filed Focused on Monsanto Dicamba Resistant Varieties and New Dicamba

dicamba drift class actions

Image includes aerial application of pesticide by Edwin Remsberg

In this episode, Paul discusses two recently filed class action lawsuits focused damage caused from dicamba drift.  The two lawsuits are seeking damages from Monsanto for bringing the Roundup Ready 2Xtend varieties to market before the new dicamba was approved by EPA.  Materials discussed in this episode: Continue reading

When is a Farmer Not a Farmer? Tax Court Case Highlights Complexity in Federal Tax Law

conservation easement case

Image includes aerial photo of Bloomfield Farm in Queen Anne’s County, Maryland.  Aerial photo is by Chesapeake Bay Program

In this episode, Paul discusses a recent tax court decision, Rutkoske v. Commissioner, that disallowed two brothers from taking 100 percent deduction for a charitable donation of a conservation easement.  The brothers, in this case, had income from the sale of the farmland in question and from a sale of the conservation easement.  That income did not count towards the gross farm income but towards gross other income.  The brothers could only claim 50 percent of the charitable donation.  Materials discussed in this episode: Continue reading

After Experiencing Drift Damage, What Should You Do?

pesticide drift liability

Image above include photo of aerial spray plane applying pesticide to cotton in Texas.  Photo is by Edwin Remsberg

In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage.  A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation.  The landowner should also begin to develop documentation related to the drift damage.  Finally, the landowner would have options on how to recover damages.  Materials discussed in this episode: Continue reading

Utah’s Ag Gag Law Violates The Constitutional But Producers Still Have Options

utah ag gag law

Image includes photo of inside of dairy barn in Maryland.  Photo taken by Edwin Remsberg

In this episode, Paul discusses a recent federal court ruling in Utah holding Utah’s “ag-gag” law violates the U.S Constitution.  This marks the second time a federal district court has found a state’s ag-gag law unconstitutional  We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well.  Because of the issues with constitutionality, Paul discusses other options that producers have available to them.  Materials discussed in this episode: Continue reading

Frequently Asked Questions: How Do I Get Paid for Services?

getting paid for services

Photo in the image is by Edwin Remsberg and shows round hay bales stacked together in two rows.

In this episode, Paul discusses a how to get paid for custom services, such as harvesting and swathing.  A few states have laws that create automatic liens in the crop harvested or swathed and baled.  But the majority of states offer custom operators no automatic lien.  In those states, custom operators should consider developing a standard contract to use to help the operator get paid.  Materials discussed in this episode: Continue reading