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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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Maryland Circuit Court Judge Reverses Final Maryland AFO Permit
Concrete pads on the back of poultry houses by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. Author's note: On April 12, 2021, the Maryland Attorney General's office filed a notice of appeal with the Court of Special Appeals. I will post a new post covering the appeal once that information is available. Earlier this month, a circuit court judge in Montgomery County reversed the Maryland Department of the Environment’s (MD
Paul Goeringer
Mar 23, 20214 min read
County Granting Special Exception for Solar Development Did Not Create a Vested Right
This is not a substitute for legal advice. See here for the site’s reposting policy. Many past readers may remember the previous...
Paul Goeringer
Mar 3, 20214 min read
Final Hemp Rule Published by USDA
This is not a substitute for legal advice. See here for the site’s reposting policy. Editor's note: Since publishing this article, the...
Paul Goeringer
Feb 19, 20214 min read
Settlement Approved for Claims Involving Off-Target Soybean Damage for 2015 to 2020
Soybean harvest in Caroline County MD by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. In late 2020, the federal district court approved the settlement involving off-target dicamba damage to soybeans. The settlement will compensate soybean growers for yield losses from 2015 to 2020. As we will discuss, if you qualify, you need to file your claim before May 28, 2021. Dicamba Off-Target Damage Class Action Producers
Paul Goeringer
Feb 11, 20216 min read
USDA Announces Additional Support Available Through CFAP
Tractor and planter by Edwin Remsberg See here for the site’s reposting policy. Please note that this additional assistance was recently put on hold by USDA pending a review by the Biden Administration. USDA will continue to accept applications during the review period. USDA recently announced additional assistance to growers impacted by disruptions due to COVID-19 through the Coronavirus Food Assistance Program (CFAP). The program will make certain contract livestock, inclu
Paul Goeringer
Jan 28, 20213 min read
Looking Back at 2020: Top Legal Developments in Agricultural Law
Image of dairy farm in Maryland by Edwin Remsberg. The article is not a substitute for legal advice. See here for the site’s reposting policy. With 2020 over and 2021 just starting, I wanted to take a minute to look back at the top legal developments impacting agriculture in 2019. A few of these legal developments may seem like repeats from my 2019 update; see here. Moving into 2021, we will see new issues emerge as continued lawsuits involving pesticides, continued implement
Paul Goeringer
Jan 19, 20215 min read
Video Now Available of the Hemp Risk Management Session
Hemp being grown at the Wye by Edwin Remsberg See here for the site’s reposting policy. This week I was apart of a virtual session for Del Ag Week/Month focused on risk management issues with hemp. The objective of the session was to dispel the economic and legal mysteries of hemp production. Producers will take away a series of budgets and contract considerations. The recording of the session is now available and included in this post. If you are interested in any other
Paul Goeringer
Jan 14, 20211 min read
Federal Estate Tax and Gift Tax Limits Announced For 2021
This is not a substitute for legal advice. See here for the site’s reposting policy. Image of equipment in field. Image by Edwin Remsberg In October 2020, the IRS announced the revised federal estate tax and gift tax limits for 2021. The federal estate tax limit will rise from $11.58 million in 2020 to $11.7 million in 2021. The federal gift tax limit will remain at $15,000 in 2021. In Maryland, state estate tax limits will stay at $5 million. Federal Estate Taxes For 2021,
Paul Goeringer
Dec 9, 20203 min read
Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator
Poultry barns in Maryland. Image by Chesapeake Bay Program This is not a substitute for legal advice. See here for the site’s reposting policy. For those who remember back in 2019, I posted about a Court of Special Appeals decision which found that a poultry farm manager was a joint employee of both the poultry farm owner and the poultry company, Tyson Farms, Inc. Tyson appealed that decision to the Court of Appeals of Maryland. The Court of Appeals recently reversed that de
Paul Goeringer
Dec 8, 20204 min read
Being Proactive In Your Operation Can Help Prevent Lawsuits
Understand potential ways to possibly manage legal risks in your operation.
Paul Goeringer
Nov 17, 20203 min read
New Project Looking at Solar Development on Agricultural Lands
Image of solar field in Maryland. Photo by Kaitlyn Dolan/Chesapeake Bay Program See here for the site’s reposting policy. I am a part of a new project focused on the legal and economic issues associated with solar development on farmland for those unaware. This project is funded by USDA-NIFA under the AFRI program area and includes faculty at the University of Maryland, Cornell University, and Oklahoma State University. To learn more about the project, click here. Although
Paul Goeringer
Oct 27, 20201 min read
USDA Announces Coronavirus Food Assistance Program 2
Provides overview of new CFAP 2 program
Paul Goeringer
Oct 6, 20205 min read
Appeals Court Remands Enlist Duo Registration to EPA But Does Not Vacate
Post provides an overview of the recent ruling in the 9th Circuit with Enlist Duo
Paul Goeringer
Sep 15, 20204 min read
CEQ Finalizes First Update to the National Environmental Policy Act Since 1978
CEQ provides first update to NEPA since 1978
Paul Goeringer
Aug 25, 20202 min read
NASS Releases Delaware and Maryland Cash Rental Rate Averages for 2020
Image of corn being harvested 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 2020. 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 the area may be paying per acre for farmland. One important note: many
Paul Goeringer
Aug 13, 20202 min read
0.3 percent of what? Pay attention to changes in the new state hemp production plan
Image of hemp growing by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. On July 6, 2020, the Maryland Department of Agriculture released the proposed hemp plan, required under the 2018 Farm Bill to allow for more hemp production in the state. The 2014 Farm Bill opened the door to limited hemp production, and several Maryland growers have been participating in the state’s pilot research program for the past two years. With
Paul Goeringer
Aug 4, 20203 min read
Dicamba Legal Update On the Ninth Circuit And What Is Going On With the Drift Class Action
Image by United Soybean Board This is not a substitute for legal advice. See here for the site’s reposting policy. Dicamba has been back in the news lately in several areas. EPA recently moved to cancel registrations for three dicamba products, XtendiMax, Engenia, and FeXapa, based on a ruling in the Ninth Circuit. Growers have till the end of July 2020 to use existing stocks. And Bayer, the parent company of Monsanto, recently announced a proposed settlement of around $400
Paul Goeringer
Jul 15, 20203 min read
Consider Using a Flex Cash Lease for 2021, or a Modified Fixed Cash Lease
Image by Edwin Remsberg This is not a substitute for legal advice. See here for the site’s reposting policy. As we move through 2020 and a potentially lower period of crop prices due to issues associated with the global pandemic, many of you might be looking at renewing existing agricultural leases. While you might be utilizing fixed cash rental rates or crop-share rents, with projected low crop prices, now might be the time to consider using a flex-cash lease. Flex-cash lea
Paul Goeringer
Jun 23, 20203 min read
Maryland Appellate Court Finds Party on Landowner’s Property Not Covered by Recreational Use Statute
A bench stands along a trail in Patapsco Valley State Park. This is not a substitute for legal advice. See here for the site’s reposting policy. All 50 states have some version of a recreational use statute encouraging private landowners to open up private lands to recreational users. The laws often do this by reducing the liability that a landowner could face if a recreational user is injured. To qualify for the protection of the recreational use statute, a l
Paul Goeringer
Jun 2, 20205 min read
Coronavirus Food Assistance Program Resources are Now Available
Farmland in Queen Anne’s County, Maryland. Photo by Will Parson/Chesapeake Bay Program. See here for the site’s reposting policy. USDA has recently announced a new program to provide assistance to growers and livestock producers who aced price declines and additional marketing costs due to COVID-19. The new Coronavirus Food Assistance Program (CFAP) will begin to signup on May 26 and close on August 28th. See https://www.farmers.gov/cfap from USDA. CFAP will provide support
Paul Goeringer
May 25, 20201 min read
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