Maryland Risk Management Education Podcast

In this episode, Paul discusses the recent Ninth Circuit Ruling that found portion of Idaho's ag gag law constutional, reversing a lower court decision that found the entire law unconstitutional.  This ruling may open up new opportunities for these laws if written properly. Materials discussed in this episode: Ellixson, Ashley, Idaho's "Ag Gag" Law Found Unconstitutional (AREC, Oct. 6, 2015). Goer...

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2017.  This is a joint podcast with  Ag Law in the Field . Top legal issues discussed in the podcast are: Dicamba drift lawsuits ( post 1 ) ( post 2 )  WOTUS and Duarte case ( post 1 )  Syngenta settlement ( post 1 ) Emissions reporting for animal operations ( post 1...

In this episode, Paul discusses a recent decision out of Arizona interpreting the state's branding law.  The Supreme Court of Arizona held that the state's branding law did not allow for registering identical brands even if used at different locations. Materials discussed in this episode: Goeringer, Paul,  Recording of Identical Livestock Brands in Different Locations on An Animal Violated State L...

In this episode, Paul discusses a recent federal district court decision that found that an insurance policy with an absolute pollution exclusion excluded damage caused by manure.  The insurance company was also found to have no duty to defend the insured party.  This decision involves the Cow Palace Dairy that had earlier settled claims that manure had leaked into groundwater and agreed to clean...

In this episode, Paul discusses a recent 10th Circuit Court of Appeals ruling holding that Wyoming's Data Trespass law violated the First Amendment of the U.S. Constutition.  This law has been seen by many to be a version of an ag-gag law.  Paul also gives producers tips on what can be done that is still constitutional.   Materials discussed in this episode: Goeringer, Paul,  Wyoming's Resource Da...

In this episode, Paul discusses a recent decision,  Complete Lawn Care, Inc. v. Montgomery County , that found that Montgomery County's pesticide ordinance was preempted by state law.  The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes.  The ordinance contained a number of exemptions in...

In this episode, Paul discusses two recently filed class action lawsuits focused damage caused from dicamba drift.  The two lawsuits are seeking damages from Monsanto for bringing the Roundup Ready 2Xtend varieties to market before the new dicamba was approved by EPA.   NOTE: In this episode, I say the varieties are not resistant to the old dicambas.  I meant to say the old dicambas were not label...

In this episode, Paul discusses a recent tax court decision, Rutkoske v. Commissioner , that disallowed two brothers from taking 100 percent deduction for a charitable donation of a conservation easement.  The brothers, in this case, had income from the sale of the farmland in question and from a sale of the conservation easement.  That income did not count towards the gross farm income but toward...

In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage.  A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation.  The landowner should also begin to develop documentation related to the drift damage.  Finally, the landowner would have options on how to recover damages.  Mater...

In this episode, Paul discusses a recent federal court ruling in Utah holding Utah's "ag-gag" law violates the U.S Constitution.  This marks the second time a federal district court has found a state's ag-gag law unconstitutional  We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well.  Because of the issues with constitutionality, Paul dis...

In this episode, Paul discusses a how to get paid for custom services, such as harvesting and swathing.  A few states have laws that create automatic liens in the crop harvested or swathed and baled.  But the majority of states offer custom operators no automatic lien.  In those states, custom operators should consider developing a standard contract to use to help the operator get paid.  Materials...

In this episode, Paul discusses a publication he is working on that highlights questions you should ask a potential attorney.  Interviewing potential attorneys helps you understand who you will work best and limit some issues down the road. Materials discussed in this episode: Goeringer, Paul, Finding An Attorney for Your Case Requires Asking the Right Questions  (2017). If you have questions for...

In this episode, Paul discusses the recent decision in  Taylor v. Huerta .  This case involved FAA's earlier decision to require all unmanned aerial vehicles (UAVs) to be registered.  Paul will discuss how this decision could impact agriculture and explain what the recent decision means to others.   Materials discussed in this episode:  Goeringer, Paul. Court of Appeals Rules That FAA Overstepped...

Developing a good ag lease is an important tool many of you need to consider developing when leasing farmland.  We are hitting that time of year (June 30th) when Paul likes to remind you that you need to consider if you will give the notice to terminate an ag lease or renew.  In this episode of the podcast, Paul is joined by Tiffany Lashmet of Texas A&M Agrilife Extension to discuss her ag leasing...

In this episode, Paul discusses a recent court decision,  Porter v. Harden , №15–0683, 2017 WL 942845 (Mar. 10, 2017).  In this decision, the Iowa Supreme Court looks at does one horse create a farmland lease?  This decision provides a lot of insight for parties looking to rent farmland and how to make sure the lease provides the protections many states give to farmland leases. Materials discussed...

In this episode, Paul discusses the current situation for the production of industrial hemp in Maryland.  Currently, the General Assembly has directed the Maryland Department of Agriculture to develop a pilot program for research cultivation by an institution of higher education. Materials discussed in this episode:  Goeringer, Paul. Industrial Hemp Still Illegal To Cultivate In Maryland   (2016)....

This week the podcast returns after a brief hiatus with Paul discussing a frequently asked question: Can I trim tree limbs and other vegetation growing on my neighbor's property that is impacting my property?  Paul discusses what Maryland law currently allows neighboring landowners to do and not to do (the options are limited to self-help).   Materials discussed in this episode:  Goeringer, Paul....

A common situation is that siblings inherit farmland through intestacy (dying without a valid will or property outside the will) or a will specifies a quarter interest in the farm to X and the remaining three-quarters to Y. In this episode, Paul covers what happens when you inherit property as tenants in common. Materials discussed in this case:  Goeringer, Paul. Help, I Just Inherited the Family...

The Iowa Court of Appeals recently ruled that the state's right-to-farm law was unconstitutional as applied to a landowner next door to a hog farm.  In this episode, Paul discusses the  McIlrath v. Prestage Farms of Iowa, L.L.C.  decision.   Materials discussed in this case:  Goeringer, Paul. Court of Appeals Finds State's Right-to-Farm Law is Unconstitutional As Applied  (2017). Goeringer, Paul a...

The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law.  In this podcast, Paul provides an overview of those cases and their potential impact. Cases discussed in this podcast: Anderson v. McCarthy , No. C 16-000068 WHA, 2016 WL 6834215 (N.D. Ca. Nov. 21, 2016). Missouri ex rel. Koster v. Harris , No. 14-17111, 2016 WL 6803046 (9 th...

After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm.  Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool. Tools discussed in this podcast: Ellixson, A...

With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation.  In this episode, Paul discusses tools available to help you develop a fair rental rate for you. Tools discussed in this podcast: Center...

In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals.  In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision. Resources discussed in this episode:  ...

Fires during harvest are not uncommon and sources are many; a bearing can go out or get hot, a pickup's exhaust pipe, bad wiring, and I'm sure you can give me more examples of how a fire can start during harvest.  But what is your potential liability for a harvest fire that spreads to your neighbor's property? In this episode, Paul covers a court decision from 2015 looking at a negligence claim fr...

When starting a new business enterprise with friends or family, how to wind the business down upon a falling out, death, or other terminating event are not considered.  But how to wind down the business is a critical part of the business.  A recent decision by the Court of Special Appeals of Maryland highlights the need for family farm partnerships to have plans on how to wind down the partnership...