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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.
Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.
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Right-to-Farm Amendments: A Look at Common Changes with South Dakota’s Law
Grasslands for ranching in South Dakota image is by USDA-NRCS.jpg The article is not a substitute for legal advice. See here for the site’s reposting policy. In March, South Dakota’s governor signed House Bill 1090, which amended the state’s right-to-farm law. These changes mirror similar changes in North Carolina's changes to their right-to-farm law. These changes include clarifying when the operation gains the defense protections and who can bring a lawsuit and damages. Y
Paul Goeringer
Apr 4, 20234 min read
Landowner-Oriented Agricultural Law Online Modules Now Available
Aerial image of Farmland by Chesapeake Bay Program See here for the site’s reposting policy. College Park, MD – The Department of Agricultural and Resource Economics (AREC) has released a new online course for rural landowners in Maryland. The So You Want to Own Farmland in Maryland course is now available through the University of Maryland’s Enterprise Learning Management System – Canvas. The free program will cover those legal issues that Maryland landowners may face. A gra
Paul Goeringer
Mar 21, 20232 min read
Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan Guarantees
Image of poultry houses by Livestock & Poultry Environmental Learning Center The article is not a substitute for legal advice. See here for the site’s reposting policy. In late 2022, a citizens’ group brought suit against U.S. Department of Agriculture (USDA), Farm Service Agency (FSA), Farm Credit Mid-America, and two poultry growers (Dan Nguyen and Trang Nguyen) for claims that the loan guarantees USDA gave on Farm Credit loans to the two growers violated federal law. Th
Paul Goeringer
Feb 21, 20235 min read
Federal District Court Denies Some Arguments to Dismiss Claims Against Perdue Farms
Image of poultry houses by Livestock & Poultry Environmental Learning Center The article is not a substitute for legal advice. See here for the site’s reposting policy. A federal district court in late 2022 ruled on a motion to dismiss claims filed by a former grower of Perdue Farms, arguing that the grower was not an independent contractor but an employee of Perdue Farms. This action was one of two filed in 2022, making similar claims. The court denied several of Perdue’
Paul Goeringer
Feb 9, 20234 min read
Looking Back at 2022: Top Legal Developments in Agricultural Law
Cattle looking under fence rail by Craig Oppenheimer The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2022 over and 2023 just starting, I want to look back at the top legal developments impacting agriculture in 2022. These legal developments may seem like repeats from my 2022 update; click here. However, moving into 2023, we will likely see new issues emerge as lawsuits continue against certain pesticides, continued right-to-
Paul Goeringer
Jan 17, 20233 min read
Recent Decision Highlights How Attorneys’ Fees Can Impact Estate Plans
Image of cattle grazing on grassland with trees in background. Image from flickr by Jerry7171 The article is not a substitute for legal advice. See for the site’s reposting policy. A recent court decision from South Dakota highlights an issue many do not think about when developing estate and succession plans, how will attorneys’ fees affect the plan? We may not always want to plan for litigation and assume children will get along, but that might not always be the case. T
Paul Goeringer
Dec 7, 20226 min read
Federal Estate Tax and Gift Tax Limits Announced For 2023
Cover crop planting on the Eastern Shore by Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. In October 2022, the IRS announced the revised federal estate tax and gift tax limits for 2023. The federal estate tax limit will rise from $12.06 million in 2022 to $12.92 million in 2023. The federal gift tax limit will jump from $16,000 in 2022, to $17,000 in 2023. In Maryland, state estate tax limits will stay
Paul Goeringer
Nov 29, 20223 min read
Landowner Oriented Agricultural Law Workshops Will Be Held Across Maryland
Image highlighting workshop dates and topics covered including image of farm by Edwin Remsberg. Image developed by Meghana Kotraiah See here for the site’s reposting policy. The Department of Agricultural and Resource Economics (AREC) will host two one-day workshops on Jan. 26th in Boonesboro and Jan. 31st at Chesapeake College. The So You Want to Own Farmland in Maryland workshops will be from 9:30 am to 3:30 pm. The free program will cover those legal issues that Maryland
Paul Goeringer
Nov 15, 20222 min read
Court Vacates Jury Award in Dicamba Drift Damage Case
Image of combine dumping soybeans into grain cart pulled by tractor at sunset Image is by Steven Baird. The article is not a substitute for legal advice. See here for the site’s reposting policy. Recently the Eighth Circuit Court of Appeals vacated a punitive damages award against Monsanto and BASF in a dicamba drift damage case. The decision involved a Missouri peach farmer who experienced drift damage from over-the-top off-label applications of dicamba on dica
Paul Goeringer
Oct 25, 20225 min read
Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications
Wisconsin farm with barn and silo in background and corn in foreground image is by Jimmy Emerson, DVM The article is not a substitute for legal advice. See here for the site’s reposting policy. A recent decision by Wisconsin’s Court of Appeals highlights how a court may handle claims that a jury verdict was improper. This case involves a dairy farmer who allowed a septic company to spread septage on his farmland. At the same time, the dairy farmer appears to con
Paul Goeringer
Oct 4, 20225 min read
Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers
Aerial image of three poultry houses in Queen Anne's county surrounded by trees. Image by the Chesapeake Bay Program The article is not a substitute for legal advice. See here for the site’s reposting policy. Earlier this year, I posted about a recently filed class action lawsuit involving contract poultry growers, arguing that they were employees of Amick Farms and not independent contractors. For anyone needing a refresher on a class action lawsuit, I encourag
Paul Goeringer
Sep 13, 20223 min read
NASS Releases Delaware and Maryland Statewide Cash Rental Rate Averages for 2022
NASS releases statewide rental rates recently. This post highlights those rates for Maryland, Delaware, and nationally.
Paul Goeringer
Aug 24, 20222 min read
Supreme Court of Iowa Reverses Course on Right-to-Farm Rulings
Picture of hog snout by Alex Lafayette via University of Arkansas The article is not a substitute for legal advice. See here for the site’s reposting policy. I like to discuss recent right-to-farm court rulings from across the country because it helps us better understand how those laws are applied in other states. Iowa has often been an outlier in right-to-farm decisions, based on a 2004 decision that had often been used to find the law unconstitutional as appl
Paul Goeringer
Aug 23, 20224 min read
Broiler Grower Settlement Forms Arriving to Mid-Atlantic Growers: Background on the Class Action
Image of poultry houses by Livestock & Poultry Environmental Learning Center The article is not a substitute for legal advice. See here for the site’s reposting policy. The Mid-Atlantic region’s poultry growers may have started to receive settlement forms recently for broiler grower class action lawsuit settlement. Growers might be surprised to receive this form in the mail and may have questions on what the class action was about. If you have questions about th
Paul Goeringer
Aug 2, 20222 min read
What is Ancillary Probate?
Harvesting soybeans on Maryland's Eastern Shore by the Chesapeake Bay Program The article is not a substitute for legal advice. See here for the site’s reposting policy. I often spend time explaining the succession and estate planning processes to the agricultural community and the importance of developing tools that work for their situations. One situation when tools are needed is when the individual resides in one state but owns property in another state. For
Paul Goeringer
Jul 12, 20222 min read
Interpreting Conservation Easements and When New Structures are Allowed
Image of Tractor in Barn by Richard Due found on Flickr. The article is not a substitute for legal advice. See here for the site’s reposting policy. The Court of Special Appeals of Maryland recently reversed the Circuit Court for Howard County’s granting of summary judgment involving how to interpret a conservation easement. At issue in the decision is whether the easement allowed for additional residences to be built on the preserved farmland beyond the existin
Paul Goeringer
Jun 21, 20225 min read
Recent Wind Farm Decision Highlights Difference in State Processes
Image of wind turbines in Pennsylvania by Chesapeake Bay Program The article is not a substitute for legal advice. See here for the site’s reposting policy. A recent decision by Maryland’s Court of Special Appeals highlights the differences that proposed power generation facilities can bring before the Public Service Commission (PSC). For example, a proposed power generation facility can consider applying for a Certificate of Public Convenience and Necessity (CP
Paul Goeringer
May 31, 20225 min read
Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company
Poultry farm with deer in foreground image by Chesapeake Bay Program.jpg The article is not a substitute for legal advice. See here for the site’s reposting policy. An interesting potential class action was recently filed in U.S. district court in South Carolina involving a broiler grower and Amick Farms. In this class action suit, the grower argues that they and other similarly situated growers for Amick Farms are Amick employees and not independent contractors
Paul Goeringer
May 10, 20224 min read
Proposed Legislation Would Allow for Higher THC Levels in Hemp Products
Image of hemp growing in Maryland by Edwin Remsberg The article is not a substitute for legal advice. See here for the site’s reposting policy. The Maryland General Assembly currently has a bill before it which would all for products made from industrial hemp to contain 1 percent tetrahydrocannabinol (THC) concentration on a dry weight basis. This would be up from the current limit of THC, which cannot exceed 0.3 percent concentration on a dry weight basis. As we
Paul Goeringer
Apr 19, 20223 min read
Understanding What an Easement by Necessity Is and When One Is Created
Antietam National Battlefield in Washington County, Maryland by the Chesapeake Bay Program The article is not a substitute for legal advice. See here for the site’s reposting policy. A court may grant an easement by necessity as a remedy when an owner splits a parcel into two properties, and one of those new properties becomes inaccessible. The idea is that the parties did not intend to create a property unfit for occupancy. A recent decision by the Court of Spe
Paul Goeringer
Mar 29, 20225 min read
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