Another Government Flooding Takings Case!

Another Government Flooding Takings Case!

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.

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No Deference to the Agency? Environmental Appeals in Indiana have Changed.

No Deference to the Agency? Environmental Appeals in Indiana have Changed.

A new 2024 law changes the way people challenge administrative decisions, especially IDEM appeals.

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2024: Water Problems in the Heartland

2024: Water Problems in the Heartland

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.

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Should Rural Landowners be Worried about PFAS?

Should Rural Landowners be Worried about PFAS?

How worried should farmers and rural landowners be about PFAS liability?

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Indiana Agriculture in Laos

Indiana Agriculture in Laos

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.

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WOTUS, Yet Again.

WOTUS, Yet Again.

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.

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Supreme Court Limits Federal Clean Water Act Jurisdiction

Supreme Court Limits Federal Clean Water Act Jurisdiction

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).

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Indiana Agriculture in Korea

Indiana Agriculture in Korea

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.

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Prop 12: Supreme Court Rejects Challenge to California's Law Impacting National Hog Market

Prop 12: Supreme Court Rejects Challenge to California's Law Impacting National Hog Market

On May 11, 2023, the U.S. Supreme Court dismissed a challenge to California’s Prop 12 law, dealing a blow to livestock agriculture.

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Modern Agriculture Goes to College

Modern Agriculture Goes to College

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.

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Government "Taking" by Flooding

Government "Taking" by Flooding

The Indiana Supreme Court just handed down a decision that explains how to analyze cases where government-induced flooding damages cropland.

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Comment

Carbon Storage: Different State Approaches to the Underworld

Carbon Storage: Different State Approaches to the Underworld

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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The Big Stories from 2022

The Big Stories from 2022

Brianna counts down the top stories of 2022 and looks ahead to 2023.

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ESG Reporting and Agriculture

ESG Reporting and Agriculture

What does ESG have to do with agriculture?

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How Did Prop 12 Become a Morality Case?

How Did Prop 12 Become a Morality Case?

The U.S. Supreme Court recently held argument on California’s Prop 12, which bans the sale of pork from hogs that don’t meet the state’s production standards. In this agriculture case, why were the Justices so focused on a state’s ability to legislate morality across state lines?

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FETTI Conference Review - Water, PFAS, and Climate

FETTI Conference Review - Water, PFAS, and Climate

I attended a 3-day environmental conference in Chicago. Here are my top 3 takeaways.

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Climate Change and Dairy Cows

Climate Change and Dairy Cows

The climate is changing. How will that impact dairy production?

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A Bee is a Fish; an Elephant is not a Human

A Bee is a Fish; an Elephant is not a Human

If the title of this blog confuses you, welcome to the club! Two recent court decisions have sent us back to high school science class. Let’s take a look.

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SCOTUS Limits Federal Agency Power

SCOTUS Limits Federal Agency Power

In an environmental ruling that will also impact agricultural government agencies, the U.S. Supreme Court ruled the Clean Air Act did not give the EPA broad authority to regulate carbon dioxide emissions from power plants.

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Preparing for a Zoning Hearing

Preparing for a Zoning Hearing

Here in Indiana, the fight against livestock and solar farms seemed to have moved to the county level. Landowners can do a few things to improve their chances of obtaining the necessary county zoning approval for a new project.

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