Temporary Restraining Orders in Environmental or Agricultural Litigation

Temporary Restraining Orders in Environmental or Agricultural Litigation

Temporary restraining orders are a powerful tool in environmental or agricultural litigation.  For a party that is considering a TRO, it has the power to immediately halt excavation of a pit, stop construction of barns, or prevent the imposition of a new regulation.  For a party facing a TRO, violation of such an order can lead to steep fines, being held in contempt of court, and a multitude of other punishments.

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Wetlands in Agriculture - Swampbuster

Wetlands in Agriculture - Swampbuster

Swampbuster is the term used for the federal law that discourages farmers from altering wetlands by withholding federal farm program benefits from any person who: (1) plants an agricultural commodity on a converted wetland that was converted by drainage, dredging, leveling, or any other means; or (2) converts a wetland for the purpose of or to make agricultural commodity production possible. 

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Considerations in Land Application Leases

Considerations in Land Application Leases

I recently wrote an article for the Indiana Agricultural Law Foundation Spotlight newsletter that focused on important considerations in land application agreements. These are the agreements used when a confined feeding operation ("CFO") applies manure to land not owned by the CFO. 

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Leaking USTs Still a Problem in Rural Indiana

Leaking USTs Still a Problem in Rural Indiana

According to the Indiana Department of Environmental Management (“IDEM”), there are over 2,100 leaking USTs in Indiana—and this is just the number of reported leaking tanks. This is a problem across rural America. 

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Clean Water Act Basics for Farmers

One central law in approaching wetlands in agricultural areas is the Clean Water Act ("CWA"). 33 USC § 1251 et seq. The CWA allows the EPA to enforce its provisions and provides for citizen suits. Non-compliance with the CWA can lead to fines and lawsuits. Farmers should make sure they are not violating the CWA anytime they move dirt on their farm.

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