Agriculture: Leading with Sustainability
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Agriculture has been and will continue to be a leader in sustainability.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with livestock, dairy, and meat production.
Sackett Part 2: What is a Wetland, Anyway?
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Whether land is a “wetland” covered by the Clean Water Act is a perennial issue for farmers and developers. Now the Supreme Court is taking that question up—will we finally get a solid answer?
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 MoreSupreme Court will Consider Whether California Pork Law Violates Constitution
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On March 28, the Supreme Court of the United States agreed to decide whether pork producers can sue over California’s Proposition 12, which regulates pork farmers’ practices nationwide.
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 MoreIndiana Poised to Limit Foreign Ownership of Agricultural Land
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The federal government estimates 2-3% of agricultural land in the U.S. is owned by a foreign entity. As of March 8, 2022, Indiana is poised to join other states who limit the number of acres a foreign business entity can own.
Read MoreZoning Hot Topics: Agriculture Edition
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I recently presented at the Indiana Farm Bureau’s first-ever zoning school and discussed three “hot zoning topics.” Three issues came to mind: solar ordinances, moratoria, and spite structures.
Read MoreSharing the Sun: Agrivoltaics
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“Agrivoltaics” means the simultaneous use of land for solar power production and some kind of agriculture. In other words, one space sharing the sun for two or more uses.
Read MoreNew Plan for Meat and Poultry Supply Chain
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On January 3, 2022, President Biden announced his plan to create a fairer, more competitive, and more resilient meat and poultry supply chain. How will this plan impact integrators and farmers in the midwest?
Read MoreIs a Zoning Moratorium Legal?
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Agriculture, it seems, has a zoning problem. On top of the various state or federal permits a farm or agribusiness may be required to obtain before starting construction, local zoning ordinances can create yet another layer of red tape.
Read MoreNew Roadmap to Address PFAS
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This month, the Biden Administration announced a new plan to combat PFAS contamination. This federal roadmap will impact agricultural producers, especially dairy farms near military bases.
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 MoreMethane Gas and Livestock Farms -- a Win for Agriculture
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Dairy farms—and other livestock operations—can be a leader in the battle against climate change. Emissions from livestock farms should be measured differently than the emissions from fossil fuels.
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 MoreHow Will Indiana's Isolated Wetlands Act Impact Agriculture?
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Indiana Governor Eric Holcomb signed the controversial isolated wetlands bill into law on April 29, 2021. What, if anything, does that mean for agriculture?
Read MoreEnhanced Trespass or "Ag Gag" Litigation Updates
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Activist groups continue to challenge what they call “ag gag” or enhanced trespass statutes around the country, alleging the laws violate the U.S. Constitution. This post provides a national update on some of these lawsuits.
Read MoreQuestions to Ask Your Solar Tenant
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Five questions to ask your potential new solar tenant before negotiating the agreement.
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.
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Ten years ago American Farm Bureau published the Privacy and Security Principles for Farm Data. In 2024, these “Core Principles” for use of ag data have been updated.