Air Emissions Win for Livestock and Poultry
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Earlier this month, the D.C. District Court upheld the EPA’s 2019 rule exempting air emissions from animal waste at farms from EPCRA emergency reporting requirements.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
New Review Standards Don't Apply to Zoning Appeals
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Last year the standard for review for administrative decisions was upended (Indiana and federal level). Recently our Court of Appeals explained that this change does not apply to zoning appeals.
Read MoreIndiana General Assembly Considers Doubling Routine Livestock Farm Inspections
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There are a number of agricultural bills being considered this session, including one which would impact livestock farmers across the state by requiring additional site inspections.
Read MoreRe-Examining Indiana Water Law in Light of Today's Competing Demands
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Competition for groundwater is leading states and counties to change the way they regulate subsurface water.
Read MoreMounting Litigation Over PFAS in Biosolids
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A series of recent New York Times articles have sounded the alarm about PFAS chemicals in biosolids being land applied as fertilizer to agricultural ground. Is the concern legit?
Read MoreWho Decides if a County Solar or Wind Ordinance is Valid?
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Two recent Indiana Supreme Court cases shed light on how the utility regulatory commission could, in the future, decide that county solar zoning ordinances are unreasonable and therefore void.
Read MoreWhat does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)
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The Supreme Court overturned Chevron in June. Now, instead of deferring to administrative agencies’ interpretation, courts must exercise their own “independent judgment” as to statutory construction. This change will have far-reaching consequences for agricultural and environmental regulations.
Read MoreTacos are Sandwiches under Indiana Zoning Law
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In a recent zoning dispute, an Indiana judge ruled that tacos are legally sandwiches.
Read MoreAnother Government Flooding Takings Case!
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On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their federal inverse condemnation claims against the State of Texas through the existing state law.
Read MoreNo 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.
Read More2024: Water Problems in the Heartland
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In the Midwest, we’ve historically had more than enough water for everyone. This usually meant a hands off approach to water regulation. But 2024 may be the year that changes the status quo.
Read MoreShould Rural Landowners be Worried about PFAS?
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How worried should farmers and rural landowners be about PFAS liability?
Read MoreIndiana Agriculture in Laos
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This year, I traveled to Laos with our state’s ag leadership program. Laos is a hot communist country bombed by the U.S. not that long ago and it couldn’t be more different from its neighbors.
Read MoreWOTUS, Yet Again.
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One area of law refuses to stay consistent from year to year—Waters of the United States (WOTUS). The EPA and Army Corps recently amended a rule (mostly) in alignment with the Supreme Court’s Sackett decision.
Read MoreSupreme Court Limits Federal Clean Water Act Jurisdiction
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The Court narrowed the reach of the Clean Water Act in Sackett v. EPA by limiting what wetlands are considered Waters of the United States (WOTUS).
Read MoreIndiana Agriculture in Korea
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The Korean Peninsula is a land of opposites—modern and ancient, high-tech and steeped in tradition, North and South. During a recent trip, I learned about South Korean farming and the role US agriculture plays in today’s South Korea.
Read MoreProp 12: Supreme Court Rejects Challenge to California's Law Impacting National Hog Market
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On May 11, 2023, the U.S. Supreme Court dismissed a challenge to California’s Prop 12 law, dealing a blow to livestock agriculture.
Read MoreModern Agriculture Goes to College
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This spring, I was happy to be invited to speak to students at different events at Indiana University and at Purdue University. I think the future of agriculture is in good hands.
Read MoreGovernment "Taking" by Flooding
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The Indiana Supreme Court just handed down a decision that explains how to analyze cases where government-induced flooding damages cropland.
Read MoreCarbon Storage: Different State Approaches to the Underworld
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As carbon capture and storage becomes a key in fighting climate change, state legislatures are addressing subsurface ownership in different ways. Who will guard rural landowners’ private property rights?
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Are local zoning and planning boards up to the challenge of permitting small scale nuclear reactors?