Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

The 2018 federal omnibus spending bill fixed the problem caused by a federal court regarding air emissions reporting requirements for livestock operations. 

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Zoning: The "You Can't Do That" Edition

Zoning: The "You Can't Do That" Edition

Recently we've seen a few counties consider blocking livestock development. But barring the construction of of livestock farms in rural areas often is legally suspect.

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Return of the Local Butcher: Meat Class

Return of the Local Butcher: Meat Class

I recently attended a whole hog butchering class here in Indianapolis, which closed the gap between farmer, butcher, and consumer.  

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Fake Meat: When "Beef" Isn't Beef

Fake Meat: When "Beef" Isn't Beef

The U.S. Cattlemen's Association recently filed a petition asking the USDA to issue a formal definition of "beef" as meat derived from cattle. This has set off a battle over labels with makers of lab-grown "clean meat" and plant-based meat substitutes. So just what is "beef"? 

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Hop Farm Checklist

Hop Farm Checklist

Specialty crops, like hops farms, deserve special attention. This post explains three important tasks a new or established hops farm should complete to ensure it is well-protected. 

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Update: Court Grants Another Delay of Air Emissions Reporting Requirement

Update: Court Grants Another Delay of Air Emissions Reporting Requirement

On January 19, 2018, the EPA requested another 90-day delay to the federal air emissions reporting requirement under CERCLA. The Court granted the request, extending the effective date of the mandate until at least May 1, 2018.

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Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

On January 16, 2018, the Indiana Court of Appeals upheld a county decision to allow a dairy to build a new farm in rural Rush County. The Court rejected arguments made by a nearby camp that the dairy's special exception would violate its religious rights.

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Indiana Challenges Massachusetts Livestock & Poultry Law in U.S. Supreme Court

Indiana Challenges Massachusetts Livestock & Poultry Law in U.S. Supreme Court

Indiana is leading a group of states in a lawsuit against Massachusetts over a new livestock and poultry law requiring any pork, veal, or eggs sold in the state to be derived from animals raised with space to turn around and lie down without touching an enclosure. 

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What are Others Saying about Air Emissions Reporting?

What are Others Saying about Air Emissions Reporting?

A federal court stayed the mandate requiring many livestock producers to report air emissions from manure until January 22, 2018. We are awaiting further guidance from EPA. In the meantime, here is what others are saying.

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Livestock Air Emissions Reporting: What's Next?

Livestock Air Emissions Reporting: What's Next?

Livestock producers are not yet required to report air emissions under the Clean Air Act, but that will soon change. On January 22, 2018, this new obligation for farms is expected to take effect. 

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Farmer Group Challenges Trump Rollback of GIPSA Rules

Farmer Group Challenges Trump Rollback of GIPSA Rules

On December 14, 2017, a farmer group filed a federal lawsuit challenging the Trump administration's rollback of two controversial GIPSA rules intended to protect individual farmers.

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Can Fish Feel?

Can Fish Feel?

I recently read an article called "Do You Care If Your Fish Dinner Was Raised Humanely?". It got me thinking: was aquaculture the next industry to be targeted by animal activists? All signs point to yes.

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Four Major Federal Agriculture Stories from 2017

Four Major Federal Agriculture Stories from 2017

The past 365 days have been a wild ride, complete with major changes to federal programs relied on by farmers and ag businesses. Four federal stories dominated 2017: WOTUS, NAFTA, GIPSA, and Air Emissions. 

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Court Delays Livestock Operations Air Emissions Reporting Requirement

Court Delays Livestock Operations Air Emissions Reporting Requirement

A November 15, 2017 deadline for livestock operations to report air emissions was delayed by a federal court. The reporting requirements are delayed until at least January 22, 2017. Hold off on any reporting until we hear more from the Court and/or the EPA. 

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10-Minute Webcast: Zoning Tips for Livestock Operations

10-Minute Webcast: Zoning Tips for Livestock Operations

We are launching a new series of short webcasts, designed to be watched during a break in your busy day. This is the second webcast and it addresses zoning tips for livestock operations.

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Indiana Legislative Committee Hears Testimony on Livestock Rules

Indiana Legislative Committee Hears Testimony on Livestock Rules

The Indiana Legislature's Interim Study Committee on Agriculture and Natural Resources is considering whether any changes should be made to Indiana confined feeding laws.

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Indiana Farm Store May Sue Michigan Customer for Unpaid Seed

Indiana Farm Store May Sue Michigan Customer for Unpaid Seed

The Indiana Court of Appeals recently affirmed that a northern Indiana feed and farm supply store can sue a Michigan man in Indiana court for unpaid seed bills. The Appellate Court ruled the court in LaGrange County has personal jurisdiction over Harold Walters, who lives just over the border in Michigan. 

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The Perils of Representing Yourself Before an Administrative Agency

The Perils of Representing Yourself Before an Administrative Agency

Livestock facilities must go through numerous steps in order to operate, including state permit approval and county siting approval. State permit appeals in Indiana are heard by the Office of Environmental Adjudication. Permittees may represent themselves before the OEA, but they do so at their peril. 

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Legal Nonconforming Use, or Being "Grandfathered In"

Legal Nonconforming Use, or Being "Grandfathered In"

Livestock facilities in rural areas may be considered "legal nonconforming uses" and therefore be exempt from new zoning ordinances. Indiana law, in particular, gives special protection to agricultural land uses.

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What To Do If Your Crops are Damaged by Dicamba

What To Do If Your Crops are Damaged by Dicamba

"Pesticide drift" is not a new issue, but it has taken center stage this summer as we hear widespread reports of crops damaged by Dicamba. This post suggests the initial steps a farmer should take if they believe their crop has been damaged by another person's Dicamba use. 

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