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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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Proposed Maryland Legislation Would Regulate Delta-8 Products
Image of hemp growing in a field by UK College of Agriculture, Food & Environment The article is not a substitute for legal advice. See here for the site’s reposting policy. Maryland is one of many states currently looking at regulating products containing delta-8 tetrahydrocannabinol (THC). This cannabinoid is one of over 100 cannabinoids found in the cannabis plant. Before the General Assembly, Senate Bill 788 (SB0788) would move products containing delta-8 to mirror exi
Paul Goeringer
Mar 9, 20223 min read
When Estate Planning Goes Wrong: Why Might a Receivership Be Required?
Combine Harvesting in Nebraska by Tim Vrtiska The article is not a substitute for legal advice. See here for the site’s reposting policy. Today I want to highlight what can go wrong when an estate plan is not adequately developed. Unfortunately, the process of developing an estate plan that works for the family often requires that family members communicate freely on goals and other sensitive topics. At times disputes might arise, especially when we see property
Paul Goeringer
Feb 15, 20223 min read
Sequestering Carbon: What To Think About With Carbon Contracts
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. Carbon contracts are becoming a topic again for many agricultural producers around the country. As we will discuss, there are several legal considerations when deciding if such an agreement fits your needs. At the same time, please keep in mind that this is a developing area with several unknowns regarding how th
Paul Goeringer
Jan 25, 20224 min read
North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law
Image of piglets in hog operation by United Soybean Board The article is not a substitute for legal advice. See here for the site’s reposting policy. The end of 2021 saw development on the right-to-farm law front. The Court of Appeals of North Carolina recently rejected arguments that amendments to the state’s right-to-farm law were facially unconstitutional. To the court, the law was not unconstitutional on its face. The decision is in Rural Empowerment Assn. for Communit
Paul Goeringer
Jan 6, 20224 min read
New Publication Release Related to Crisis Management and Hiring Employees
Two people talking at a table. Image by Edwin Remsberg See here for the site’s reposting policy. A new publication from the University of Maryland can assist in understanding crisis management issues and strategies to make sure agricultural operators understand how to hire new employees properly. Developing Proactive Legal Strategies for Handling Protesters and Hiring Employees to Limit Legal Issues on Your Farm provides a starting point for those feeling overwhelmed with t
Paul Goeringer
Jan 5, 20221 min read
Looking Back at 2021: Top Legal Developments in Agricultural Law
Tractor with baler in Harford County by Thomas Cizauskas The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2021 over and 2022 about to begin, I want to take a minute to look back at the top legal developments impacting agriculture in 2021. A few of these legal developments may seem like repeats from my 2020 update; see here. Moving into 2022, we will likely see new issues emerge, however, as lawsuits continue agains
Paul Goeringer
Jan 4, 20223 min read
Federal Estate Tax and Gift Tax Limits Announced For 2022
Tractor in field by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. In November 2021, the IRS announced the revised federal estate tax and gift tax limits for 2022. The federal estate tax limit will rise from $11.7 million in 2021 to $12.06 million in 2022. The federal gift tax limit will jump from $15,000 in 2021 (in effect since 2018), to $16,000 in 2022. In Maryland, state estate tax limits will stay at $5 m
Paul Goeringer
Nov 30, 20213 min read
Refresher on Right-to-Farm Laws: What Do They Do
Planting cover crops image by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. I often get asked questions about right-to-farm laws and how these laws operate. All 50 states have a version of a right-to-farm law that provides a defense against a nuisance action brought against an agricultural operation. The agricultural operation would need to meet the statutory requirements in the law to utilize the defense.
Paul Goeringer
Nov 9, 20212 min read
USDA Releases 2021 County Rental Rates for Maryland
Aerial image of grain being harvested by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. Each year, the National Agricultural Statistic Service (NASS) releases county rental rate data based on surveys. NASS collects this data from 240,000 farms across the United States annually through the Cash Rent Survey - data used by other agencies throughout USDA. The survey results give us an idea of what other tenants in
Paul Goeringer
Oct 19, 20211 min read
Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring
Image of hay being chopped by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. Recently, the 9th Circuit Court of Appeals vacated Idaho’s Concentrated Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) permit for lack of monitoring underground discharges and potential discharges from dry weather applications. Food and Water Watch (FWW) and the Snake River Waterkeeper
Paul Goeringer
Sep 28, 20212 min read
State Court Decision Highlights When Right-to-Farm Laws Might Not Apply
Image of poultry farm by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. A Texas state court of appeals recently announced a decision on appeal. The court upheld a trial court’s granting a permanent injunction to neighbors to prevent two poultry farms from operating near their houses (Huynh v. Blanchard, 2021). This case involves a nuisance claim and highlights when right-to-farm laws may not provide a defense t
Paul Goeringer
Sep 15, 20215 min read
USDA Announces CFAP 2 Funding for Contract Livestock and Poultry Growers
Image of poultry house in PA. Image by Chesapeake Bay Program See here for the site’s reposting policy. Earlier this year, USDA announced Coronavirus Food Assistance Program 2 (CFAP 2) funding for contract livestock and poultry growers. USDA later put the program for contract growers on hold, however, to revise the program. USDA recently announced modifications and allows applications by contract livestock and poultry growers for CFAP 2 again. Applications are
Paul Goeringer
Sep 8, 20212 min read
Ninth Circuit Rules in Favor of Beef Checkoff Program
Herding cattle on horseback in Montana by Ranch Seeker This is not a substitute for legal advice. See here for the site’s reposting policy. The Ninth Circuit Court of Appeals recently affirmed a U.S. District Court of the District of Montana decision holding that the Montana Beef Council’s and other qualified state beef councils’ (QSBCs) advertisements are exempt from First Amendment scrutiny. The decision is in Ranchers Cattlemen Action Legal Fund United Stockgrowers of Amer
Paul Goeringer
Aug 17, 20214 min read
NASS Releases Delaware and Maryland Statewide Cash Rental Rate Averages for 2021
Image of grain harvest by Edwin Remsberg See here for the site’s reposting policy. USDA’s National Agricultural Statistic Service (NASS) updated data on cash rent paid by farmers in 2021. NASS collects this data annually from 240,000 farms across the United States through the Cash Rent Survey - data used by other agencies throughout USDA. The survey results give us an idea of what other tenants in an area may be paying per acre for renting farmland. One important note: many o
Paul Goeringer
Aug 16, 20212 min read
USDA Announces New Program to Provide Pandemic Assistance to Livestock Producers
Image of a pig by the United Soybean Board See here for the site’s reposting policy. USDA recently announced a new program to assist livestock and poultry growers for losses associated with depopulation and disposals of livestock and poultry in 2020. The new Pandemic Livestock Indemnity Program (PLIP) will assist livestock and poultry growers who experienced depopulation and disposal losses from March 1, 2020, to December 26, 2020. Unfortunately, contract growers are not elig
Paul Goeringer
Jul 27, 20212 min read
Group Does Not Have Standing to Challenge USDA Loan Guarantee for Poultry Farm
Aerial image of poultry barns in Maryland by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. Back in 2018, I posted on a federal district court decision involving a challenge to a USDA loan guarantee granted to a new Maryland poultry farm in Caroline County. Food & Water Watch (FWW) had challenged the environmental assessment required at the time to comply with the National Environmental Policy Act (NEPA); see that i
Paul Goeringer
Jul 6, 20214 min read
Federal and State Seed Laws Did Not Create Private Right of Action in Dispute Over Hemp Seed Sale
Hemp plants by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. As the hemp industry continues to grow, we are seeing several contractual disputes arise. A federal district court has recently highlighted that federal and state seed laws may not create a private right of action when improperly labeled hemp seed is sold to a grower. This view is similar to a view used with other seeds falling under the jurisdiction of federal a
Paul Goeringer
Jun 16, 20213 min read
Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law
Soybean field by United Soybean Growers This is not a substitute for legal advice. See here for the site’s reposting policy. I am back again, highlighting another court decision covering a state’s right-to-farm law and the use of scare guns. In Mississippi, two producers began using propane cannon scare guns to prevent deer from eating their cotton and soybean crops during the summer months. The propane cannons created loud noises, and the neighbors’ ensuing lawsuit tried to
Paul Goeringer
May 25, 20214 min read
Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown
Hogs being grown in a confined operation by United Soybean Board This is not a substitute for legal advice. See here for the site’s reposting policy. Late in 2020, we had a North Carolina Hog Farm Litigation settlement that ended several lawsuits filed against Murphy-Brown, LLC and Smithfield Foods. In May 2020, neighboring landowners filed a new set of federal lawsuits against Murphy-Brown and Smithfield, the same defendants in the prior lawsuits. Similar to the previous law
Paul Goeringer
May 4, 20214 min read
More on Scare Guns and the Right-to-Farm Law
Farm scene with open fields and buildings. Image by L. Shanley This is not a substitute for legal advice. See here for the site’s reposting policy. In 2015, I wrote a post covering the town of Trempealeau, Wisconsin, scare gun ordinances, and the Klein family. That post involved a 2013 challenge to the town’s scare gun ordinance requiring anyone seeking to use a scare gun to apply for a permit from the city and meet a minimum set of conditions. In 2017, the town changed the
Paul Goeringer
Apr 13, 20214 min read
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