No Deference to the Agency? Environmental Appeals in Indiana have Changed.
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A new 2024 law changes the way people challenge administrative decisions, especially IDEM appeals.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with livestock, dairy, and meat production.
Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws
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The First Amendment does not protect all speech. A federal appeals court just ruled it does not give a person the right to gain access to a farm by “false pretenses.” On the other hand, the court held the First Amendment does protect certain false statements made as part of an employment application.
Read MoreDicamba Confusion
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On June 3, 2020, the Ninth Circuit Court of Appeals vacated the EPA registration of three dicamba herbicides. After five days, the EPA issued a cancellation order for the chemicals. The agency will permit growers and commercial applicators to use existing stocks of the herbicides.
Read MoreZoning: Neighbors Do Not Have Automatic Standing
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The Indiana Court of Appeals just issued an opinion holding that a neighbor did not have “standing” to appeal variances because he did not show he was “aggrieved.” This case could be important for farmers whose neighbors want to appeal a zoning approval.
Read MoreDoes Running a Dairy Farm Violate Your Neighbor's Religious Rights?
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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.
Read MoreIndiana Farm Store May Sue Michigan Customer for Unpaid Seed
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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.
Read MoreThe Perils of Representing Yourself Before an Administrative Agency
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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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Ten years ago American Farm Bureau published the Privacy and Security Principles for Farm Data. In 2024, these “Core Principles” for use of ag data have been updated.