Government "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.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Carbon 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?
Read MoreThe Big Stories from 2022
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Brianna counts down the top stories of 2022 and looks ahead to 2023.
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How Did Prop 12 Become a Morality Case?
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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?
Read MoreFETTI Conference Review - Water, PFAS, and Climate
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I attended a 3-day environmental conference in Chicago. Here are my top 3 takeaways.
Read MoreClimate Change and Dairy Cows
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The climate is changing. How will that impact dairy production?
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 MoreSCOTUS Limits Federal Agency Power
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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.
Read MorePreparing for a Zoning Hearing
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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.
Read MoreAgriculture: Leading with Sustainability
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Agriculture has been and will continue to be a leader in sustainability.
Read MoreSackett 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.
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We opened our office ten years ago. Here’s a short look at how agriculture and the practice of law have changed during that time.