Maryland Risk Management Education Podcast

In this episode, Paul discusses the 2019 federal estate tax and gift tax limits and the Maryland estate tax limit.  Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year.  Maryland's estate tax limit is not tied to inflation. Materials discussed in this episode:  Goeringer, Paul,  Federal Estate Tax and Gi...

In this episode, Paul discusses the current situation for the production of industrial hemp after the passage of the 2018 Farm Bill  Industrial hemp was decriminalized in the 2018 Farm Bill, but current commercial production is still not legal till USDA approves individual state production plans.  Production under pilot research programs is still legal and will continue to be the only way to legal...

In this episode, Paul discusses a recent guest post he contributed to the Maryland Grows Blog .   Materials discussed in this episode: Goeringer, Paul. Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors , Maryland Grows Blog (Nov. 30, 2018). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ ag...

In this episode, Paul discusses the authority that Maryland counties will have in solar energy development based on the decision in Bd. Of County Comm'rs of Washington County v. Perennial Solar, LLC .   Materials discussed in this episode: Bd. Of County Comm'rs of Washington County v. Perennial Solar , LLC , No. 1022, 2018 WL 4090873 (Md. Ct. Spec. App. Aug. 28, 2018). Goeringer, Paul,  State's Pu...

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2018.  This is a joint podcast with  Ag Law in the Field . Top legal issues discussed in the podcast are: Agricultural Biotechnology and Implications of the Syngenta Settlement (Aug. 22, 2018). Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claim...

In this episode, Paul provides an update on  Food & Water Watch v. Dep't of Agric. , No. 17-1714.  Recently the federal district court in D.C. found that the environmental groups have standing and the case is not moot.  Paul explains all that and next steps in the case. . Materials discussed in this episode: Buffalo River Watershed Alliance v. USDA , No. 4:13-cv-450-DPM, 2014 WL 6837005 (E.D. Ark....

In this episode, Paul discusses Maryland's right-to-farm law, how it operates, and potential areas that are unclear in the law.  Producers need to be aware of how these laws operate in order to maintain the defense. Materials discussed in this episode: Goeringer, Paul, Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense Operates (AREC, Sept. 24,...

In this episode, Paul discusses the recent decision by the Court of Special Appeals of Maryland to uphold the 2014 general discharge permit for concentrated animal feeding operations in the state.  The permit had been challenged by two groups claiming Maryland Department of the Environment had failed to include monitoring in the permit. Materials discussed in this episode: Goeringer, Paul, Marylan...

In this episode, Paul discusses a recent decision out of Colorado involving winter wheat producers who requested actual production history yield exclusion in 2015 but USDA Risk Management Agency denied the request.  The case highlights when USDA potentially has to make new programs available to producers. Materials discussed in this episode: Ausmus v. Perdue , 289 F.Supp.3d 1227 (D. Colo. 2018) Go...

In this episode, Paul reviews the recent Iowa Supreme Court decision in  Honomichi v. Valley View Swine . In this decision, the court reversed a lower court ruling finding Iowa's right-to-farm law was unconstitutional as applied due to the lower court offering no facts to demonstrate the law was unconstitutional as applied. Materials discussed in this episode:  Goeringer, Paul,  Iowa Right-to-Farm...

In this episode, Paul discusses the recent decision out of Minnesota involving a farm family's farm succession plan that resulted in a court battle.  The case highlights why farm families need to develop farm succession plans that work for their operations. Materials discussed in this episode: Goeringer, Paul, Court Decision Splitting Up Family Farm Reversed: When Farm Succession Planning Fails (A...

In this episode, Paul introduces a recent webinar he hosted featuring Prof. Drew Kershen of the University of Oklahoma College of Law to discuss the recent Syngenta settlement involving MIR-162 genetic trait that was rejected in shipments of corn to China.  Prof. Kershen discusses the settlement and other possible issues that could come up because of the settlement. Materials discussed in this epi...

In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland.  Currently, the Maryland Department of Agriculture to develop a pilot program for research programs to be developed by institutions of higher education who can then contract with growers to produce industrial hemp in the research programs. Materials discussed in this episode:  Goeringer, Paul, N...

In this episode, Paul discusses the recent decision out of Alaska involving Alaska's right-to-farm law.  The Supreme Court of Alaska upheld a trial court ruling that the state's right-to-farm law did not apply to a landowner storing septage in lagoons. Materials discussed in this episode: Alaska's Right-to-Farm Law Goeringer, Paul, Right-to-Farm Law Does Not Protect Landowner From Nuisance Caused...

In this episode, Paul discusses how Maryland law limits liability to encourage gleaning on farms from charitable organizations. Materials discussed in this episode: Goeringer, Paul,  Gleaning, Food Banks, and a Farmer's Liability (AREC, Feb. 10, 2015). National Gleaning Project,  http://forms.vermontlaw.edu/farmgleaning/ . If you have questions for Paul contact him at  lgoering@umd.edu , tweet him...

In this episode, Paul discusses crop insurance or NAP coverage and requirements when you allow gleaning on the covered acreage. Materials discussed in this episode: Goeringer, Paul,  Gleaning Unharvested Crops and Crop Insurance or NAP Coverage (AREC, May 17, 2018). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul  or 301-405-3541. This material is funded in...

In this episode, Paul discusses details of the preliminary approval of the Syngenta settlement in the MIR162 class action lawsuits.  Corn growers have begun to be able to file claims.  Paul breaks down what this settlement means for U.S. corn growers and deadlines growers need to be aware of. Materials discussed in this episode: Goeringer, Paul,  Eligible Corn Growers and Landlords Begin Filing Sy...

In this episode, Paul discusses the recent jury verdict in the North Carolina Hog Farm Nuisance Cases involving Murphy-Brown Farms.  The verdict initially awarded the plaintiffs $50 million in punitive damages, but this has been reduced to $3 million.  Prior to this decision, the judge had ruled that North Carolina's right-to-farm law did not apply.  Paul points out what language was at issue in N...

  In this episode, Paul discusses changes to conservation compliance that require an insured producer to be in compliance by the crop insurance premium billing date. Materials discussed in this episode: Goeringer, Paul,  Remember to Certify Conservation Compliance for Crop Insurance Program By Premium Billing Date (AREC, April 26, 2018). If you have questions for Paul contact him at  lgoering@umd....

In this episode, Paul discusses a recent circuit court ruling finding that Baltimore City's food truck ordinance was unconstitutional for vagueness issues. Materials discussed in this episode: Goeringer, Paul,  Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (AREC, Feb. 21, 2018). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul  or...

In this episode, Paul discusses the recently announced Syngenta settlement in the MIR162 class action lawsuits.  The settlement for 4 classes is estimated at $1.51 billion.  Paul breaks down what this settlement means for U.S. corn growers. Materials discussed in this episode: Goeringer, Paul,  Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit (AREC, Mar. 15, 2018). If...

In this episode, Paul discusses a recent court ruling involving a life insurance policy that was not updated after a divorce.  The ruling is a reminder of why you should always update farm succession plans after life events. Materials discussed in this episode: Goeringer, Paul,  Recent Court Decision Highlights Why You Should Update Life Insurance Policies After A Divorce (AREC, Feb. 21, 2018). If...

In this episode, Paul discusses how federal patent law and the federal Plant Variety Protection Act could limit your ability to use saved seed for replanting. Materials discussed in this episode: Morris, Dale, Dr. Robert Kratochvil, Paul Goeringer,  Farmer-saved Seed: What is Legal? What is Not?  (UME FS-1064, June 2017). Goeringer, Paul,  Legal Liability of Saving Seeds in an Era of Expiring Pate...

In this episode, Paul is joined by Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA,  CERCLA  and  EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms  (last visited Feb. 4, 2018). Goeringer, Paul, Jon Moyle, Jenny Rho...

In this episode, Paul discusses a 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA,  CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb....