Protecting Property Rights: the Conservancy District Version
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The Court of Appeals recently handed down a win for our clients and for personal property rights in a conservancy district case.
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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 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 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 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 MoreA Bee is a Fish; an Elephant is not a Human
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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.
Read MoreState Legislation Threatening Livestock Farms
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While we are all watching to see what the Supreme Court does with California’s Prop 12, other state livestock laws have popped up across the country. Some could put livestock farms out of business entirely.
Read MoreLessons from Criminal Prosecution of Pennsylvania Dairy Farm
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A Pennsylvania Court of Appeals recently directed a local prosecutor to bring charges against a dairy farm for animal abuse and cruelty based on a private criminal complaint filed by an activist group.
Read MoreCourt Rejects Novel Air Emissions Argument Against CFO
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An Indiana court recently rejected a new argument advanced by opponents of a CFO. I was happy to work with the state’s attorney to defend the CFO permit.
Read MoreFederal 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 MoreFive Keys to a Successful Feed Contamination Case
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We have successfully handled feed contamination cases and I’ve learned that there are five evidentiary keys to these disputes.
Read MoreMississippi Court Protects Farmers' Deer Cannon Use
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The Supreme Court of Mississippi recently ruled that the state’s Right to Farm Act protected farmers’ use of cannons to scare deer away from fields where the farms had been in operation for more than one year.
Read MoreLitigating in the Age of Covid: Three Big Things (and the Cat Lawyer)
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As we approach the one-year anniversary of the COVID-19 virus stopping the world in its tracks, my mind wandered to more superficial things this pandemic has changed. Namely—how we litigate . Three big changes jump to mind.
Read MoreBeer and Corn Syrup: Deception or Consumer Preference?
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If you can remember way way back to February 2019, the internet was abuzz over the Bud Light Super Bowl commercial criticizing Miller Light and Coors Light for using corn syrup. Since the Super Bowl, Bud Light continued to run more corn syrup ads. But were the ads deceptive or did they just cater to consumer preferences?
Read MoreHow Indiana's Trespass Law Differs from "Ag Gag" Laws
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Indiana’s agricultural trespass law is different than many states “ag gag” laws. The ACLU recently challenged Iowa’s “ag gag” law—could Indiana be next?
Read MoreRefresher Course: Indiana Right to Farm Act
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I spent some time on a college campus recently teaching an Ag Law class about the Indiana Right to Farm Act. This was a good chance for me to think about the Act in a new light and reminded me of two key facts about the Act.
Read MoreWOTUS Rule Back On (For Now)
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In the constant back and forth of numerous court cases across the country, regulatory action, and congressional posturing, it can be hard to keep track of what waters the EPA has jurisdiction over any more. Most recently, a federal district court in South Carolina issued an order striking a rule that would delay implementation of the 2015 WOTUS definition.
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USDA may have pulled the plug on the Climate Smart Commodities grants that were funding many climate change programs, but there are still a number of private industry offerings on the market. How can you sort through the various programs to pick one that is right for your farm?