American Ag Law Association: Conference Recap

Brianna and Todd attended the 45th annual American Agricultural Law Association symposium in Memphis, TN. We are grateful for the educational content, networking opportunities, and the chance to highlight recent ag law developments at home here in Indiana.

1. Trending topic: nationwide litigation against state and federal governments. We learned about the challenges farmers from coast to coast are facing from state and federal governmental bodies. This includes a current lawsuit wrestling with federal Swampbuster wetlands provisions, a Clean Water Act case where Farm Bureau is backing San Francisco in its battle with the EPA, and numerous cases against various governments alleging “takings” of farmland by flooding in violation of state and federal constitutions.

2. Pendulum swings: the AALA conference was held immediately after the federal election on November 5. Between all the conversations about the election results, many lawyers are focusing on the wild administrative swings with each new executive. One obvious example is the Clean Water Act and Waters of the United States (WOTUS). We saw an Obama rule, Trump repeal and replace rule, a Biden updated rule, and likely eventually will see a Trump rule part 2. National Environmental Policy Act (NEPA) regulations have changed under each presidential regime. During one educational session, we heard a deep dive into how the Endangered Species Act (ESA) regulations have oscillated back and forth with each election. While political parties may enjoy shaping the rule to their liking every four years, legal uncertainty is not good for landowners. However, as long as Congress is unable to make meaningful law, we are likely to continue to see substantive changes being imposed by executive action with every new president.

Julia Schatz (Toronto), Brianna schroeder (indianapolis), and Jake Parker (Raleigh)

3. AALA recognitions: we are proud of our friend and Indiana colleague Joe Miller, who was recognized for his many years of agricultural advocacy with AALA’s Distinguished Service award. This is given every year to a member who has demonstrated a commitment to agricultural law, the legal profession, and the AALA. The recipient is chosen by the previous three award winners. Besides his years of private and public law practice, Joe has been instrumental in reforming the Indiana State Bar Association agricultural law section post-COVID and spent time serving on the AALA board. We tip our hats to Joe and celebrate his well-earned recognition. While at the conference, Brianna wrapped up her term on the AALA Board of Directors. This is one of the most impactful organizations for agricultural lawyers and Brianna was honored to have been elected to the Board for the past two years. Brianna and Todd both remain involved with AALA committees and the annual symposium.