Ninth Circuit Busy With Decisions Impacting Ag Law

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The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law.  In this podcast, Paul provides an overview of those cases and their potential impact.

Cases discussed in this podcast:

  • Anderson v. McCarthy, No. C 16-000068 WHA, 2016 WL 6834215 (N.D. Ca. Nov. 21, 2016).
  • Missouri ex rel. Koster v. Harris, No. 14-17111, 2016 WL 6803046 (9th Cir. 2016).
  • Syngenta Seeds, Inc. v. County of Kauai, No. 14-16833, No. 14-16848, 2016 WL 6818862 (9th Cir. Nov. 18, 2016)

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Utilizing a Business Organization Structure on the Farm

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After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm.  Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool.

Tools discussed in this podcast:

Forms and websites discussed by Ashley are in the resources.

If you have questions, please email Ashley at aellix@umd.edu, tweet her at @Legally_Ashley, or call her at 301-458-5125.  You can also contact me at lgoering@umd.edu or tweet me at @aglawPaul.

Tools Available to Help Set Rental Rates on Farmland

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With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation.  In this episode, Paul discusses tools available to help you develop a fair rental rate for you.

Tools discussed in this podcast:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

DC Circuit Court of Appeals Overrules OSHA on Worker Standard Memo

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In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals.  In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision.

Resources discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Liability Issues During Harvest

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Fires during harvest are not uncommon and sources are many; a bearing can go out or get hot, a pickup’s exhaust pipe, bad wiring, and I’m sure you can give me more examples of how a fire can start during harvest.  But what is your potential liability for a harvest fire that spreads to your neighbor’s property? In this episode, Paul covers a court decision from 2015 looking at a negligence claim from a harvest fire.

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Materials discussed in this episode:

Recent Court Decision Highlights Need to Have Plan to Wind Down Partnership

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When starting a new business enterprise with friends or family, how to wind the business down upon a falling out, death, or other terminating event are not considered.  But how to wind down the business is a critical part of the business.  A recent decision by the Court of Special Appeals of Maryland highlights the need for family farm partnerships to have plans on how to wind down the partnership upon the death of a partner.  In this episode, Paul walks you through this court decision and how you can better plan for the future.

Resources discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Freedom of Information Act, Agriculture, and a Recent Eighth Circuit Decision

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Recently, the Eighth Circuit Court of Appeals issued a decision in American Farm Bureau v. EPA.  This case involved American Farm Bureau Federation and National Pork Producers Council bringing an action in federal court to challenge EPA’s decision to find information involving concentrated animal feeding operation operators was not exempt from disclosure under the Freedom of Information Act.

In this episode, Paul walks the audience through the federal district court’s decision and the Eighth Circuit’s decision.

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Materials discussed in this episode: