Midwest Agricultural Law - Page 2 of 3 - Lamson Dugan & Murray LLP

The Midwest Agricultural Law Guide, was created to offer legal discussion and encourage the use of social media in the agricultural industry.

25 Jun, 2015

Getting Permission: FAA Proposes New Regulations to Legalize Drone Scouting

Sean Minahan2018-04-23T18:22:20-05:00June 25th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

When deciding whether to let your spouse know you are going out for a beer with friends rather than straight home for dinner, you may have heard the phrase "it is better to ask for forgiveness than it is for permission." If you haven't heard that phrase, then I guess we do not have the same type of friends. Recently, I have noted the truism is being entertained by those [...]

24 Mar, 2015

Des Moines Divides the House: Files suit against rural drainage districts

Sean Minahan2018-04-23T18:22:20-05:00March 24th, 2015|Construction Contractor Advisor, Midwest Agricultural Law|

As previously reported in A House Divided, Des Moines claims its water supply has been polluted by excessive nitrogen from farm runoff drained through the rural tiling systems. Des Moines' threat to sue neighboring rural drainage districts for failing to prevent the pollution of Des Moines water supply is no longer idle. On March 16, 2015 Des Moines filed suit against the board of supervisors of Sac County, Calhoun County [...]

6 Mar, 2015

A House Divided: Urban Iowa Threatening to Sue Rural Iowa for Farm Runoff

Sean Minahan2018-04-23T18:22:20-05:00March 6th, 2015|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

Dividing the House "A house divided against itself cannot stand." Abraham Lincoln quoted this indisputable truth in reference to the issue of slavery. Although unlikely to lead to civil war, the debate between urban water use and rural land use is an ever increasing concern. The issue has come to head in Iowa and may be fought in court. The city of Des Moines plans to file [...]

12 Feb, 2015

Court Finds Manure Not So Refreshing and May Be Subject to Resource Conservation and Recovery Act

Sean Minahan2018-04-23T18:22:20-05:00February 12th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Property Rights|

According to the Seinfeld character George Costanza; "If you consider the other choices "manure" is actually pretty refreshing." Seinfeld - My Boyfriend - YouTube. Well, a Washington Federal Court disagrees; meaning dairy and other livestock operations may have to re-analyze their manure management practices. In Community Association for Restoration of the Environment (CARE) v. Cow Palace, LLC, et al, the United States District Court for the Eastern District of Washington ruled [...]

19 Dec, 2014

Viptera Approved: China Ends Import Ban On 3 GMOs

Sean Minahan2018-04-23T18:22:20-05:00December 19th, 2014|Biotechnology, Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

China finally opens up to Viptera On December 17, 2014 China finally ended its import ban on Syngenta's Viptera corn and two varieties of GMO soybeans produced by DuPont Pioneer and Bayer Crop Sciences. The announcement is cause for great relief to the seed companies and U.S. grain exporters considering U.S. grain trading with China was shut down for all intents and purposes during the ban. Secretary of [...]

19 Nov, 2014

8th Circuit Intercepts Syngenta’s Attempt to Pass Viptera Problem to Bunge

Sean Minahan2018-04-23T18:22:20-05:00November 19th, 2014|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

As a follow up to Syngenta Under Pile of Lawsuits, the United States 8th Circuit Court of Appeals recently broke up Syngenta Seeds, Inc.'s attempt to pass the Viptera problem to Bunge North America, Inc. In 2013 Syngenta tried to get ahead of the problems caused by China's ban of Viptera corn by suing Bunge for refusing to accept corn which contained the Viptera trait. Knowing Bunge would not accept [...]

14 Nov, 2014

Syngenta Under Pile of Lawsuits for Alleged Losses Caused by China’s Ban of Viptera Corn

Sean Minahan2018-04-23T18:22:20-05:00November 14th, 2014|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

The lawsuits against Syngenta for alleged losses due to China's ban of Viptera corn are starting to pile up. Nine such lawsuits were filed in the United States District Court for the Southern District of Iowa in October with more expected as producers jump on the pile started by Cargill in September. In 2011 Syngenta launched the Agrisure Viptera trait to producers after being deregulated by the United States Department of [...]

3 Nov, 2014

Majority Rules – Iowa District Court finds minority shareholder not oppressed

Sean Minahan2018-04-23T18:22:20-05:00November 3rd, 2014|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

In 2013 the Iowa Supreme Court evaluated “fairness” among minority and majority shareholders of a family farming corporation in the context of disagreements between second-generation cousin shareholders. The case is Baur v. Baur Farms, Inc. In Baur Farms, one of the cousins, who was not involved in operating the farm and received all of his stock by way of inheritance or gift, decided he wanted to be bought out. The [...]

8 Oct, 2014

White Flag Waved: EPA drops suit against Lois Alt

Sean Minahan2018-04-23T18:22:20-05:00October 8th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The Environmental Protection Agency ("EPA") has decided not to appeal the Northern District of West Virginia's ruling in favor of poultry farmer, Lois Alt. The court ruled the Clean Water Act ("CWA") did not regulate storm water runoff from the non-production areas of a farmyard. A great outcome for Lois Alt which may impact concentrated animal feeding operations ("CAFOs") across the country. In 2012 the EPA handed Lois Alt an [...]

19 Aug, 2014

Water is for Fighting Over: Nebraska Farmers Sue for Water Diverted to Kansas

Sean Minahan2018-04-23T18:22:20-05:00August 19th, 2014|Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law, Water Law|

Many have heard the quote attributed to Mark Twain over a 100 years ago: "Whiskey is for drinking; water is for fighting over." Those words are as true today as they were a century ago. Four South Central Nebraska farmers have decided to take their fight over water to court. The farmers allege they lost yields because the State diverted water away from the farmers' irrigation supply to comply with [...]

11 Aug, 2014

Missouri Passes “Right-to-Farm” Constitutional Amendment 1

Sean Minahan2018-04-23T18:22:20-05:00August 11th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights|

On August 6, Missouri narrowly passed the "Right-to-Farm" amendment by 2,500 votes. Section 35 Article 1 of the Missouri Constitution will soon read: That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital section of Missouri's economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to [...]

4 Aug, 2014

Beginning Farmer Incentive Programs Part III: Federal Programs

Sean Minahan2018-04-23T18:22:20-05:00August 4th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Tax|

The United States Department of Agriculture ("USDA") has created several incentive programs for landowners and beginning farmers to help move land ownership and farming operations from today's farmer to tomorrow's. Beginning Farmer or Rancher Land Contract Guarantee The USDA Beginning Farmer or Rancher Land Contract Guarantee Program encourages shifting land to beginning farmers through installment land contracts. This program is administered by the Farm Service Agency ("FSA") and offers two types of guarantees. [...]

30 Jul, 2014

Beginning Farmer Incentive Programs Part II: Nebraska

Sean Minahan2018-04-23T18:22:21-05:00July 30th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Tax|

Like their Iowa counterparts, landowners and beginner farmers in Nebraska can take advantage of tax credits and loan programs implemented to assist the next generation of farmers. Nebraska Beginning Farmer Tax Credit The Nebraska Beginning Farmer Tax Credit Act provides an incentive for a farmer who is retiring or who wants to cut back on his or her operation to rent to a beginning farmer. A qualified beginning farmer or rancher [...]

23 Jul, 2014

Beginning Farmer Incentive Programs Pt. I: Iowa

Sean Minahan2018-04-23T18:22:21-05:00July 23rd, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Tax|

According to the U.S. Dept. of Agriculture Census of Agriculture, the average age of today's farmer has increased to 58 years of age. Concerns are increasing over who will step up as the next farming generation considering dramatic increases in land prices and the high cost of equipment and inputs make it difficult for new farmers to get a foothold. Recognizing the problem, state and federal governments have introduced incentives to [...]

25 Jun, 2014

Mother May I? Always Get Permission When Deciding Whether or Not to Replant

Sean Minahan2018-04-23T18:22:21-05:00June 25th, 2014|Construction Contractor Advisor, Crop Damage Claims, Crop Insurance, Farm Management, Midwest Agricultural Law|

Approaching Storm Every spring and early summer, heavy rains, hail, and tornadoes force Midwest farmers into a game of "Crop Insurance Mother May I" regarding whether they will replant damaged crops. For crop insurance purposes, permission is almost always necessary when deciding whether to destroy and replant the damaged crop or destroy the damaged crop and plant a new crop. When facing a replant decision remember the following: "When a crop is damaged and it [...]

4 Jun, 2014

Nebraska Supreme Court finds Farmers Not Liable for Car Accident Caused by Tall Corn

Sean Minahan2018-04-23T18:22:21-05:00June 4th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Property Rights|

On October 6, 2007 Thomas Latzel and Daniel Vanekelenburg were involved in a car accident with Patrick Gaughen at the intersection of County Road T and Count Road 17. Three years later, Thomas Latzel would die from the injuries he incurred in the accident. Thomas' wife, Amanda Latzel, brought a lawsuit against Ronald and Doug Bartek alleging they negligently planted corn too close to the intersection causing the accident. It [...]

4 Jun, 2014

Follow-Up On Australian Genetically Modified Crop Contamination Lawsuit

Sean Minahan2018-04-23T18:22:21-05:00June 4th, 2014|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Midwest Agricultural Law, Organic and All Natural|

The landmark case has been decided in favor of genetically modified ("GM")crop production. As described in It Was Bound to Happen, Steve Marsh sued his neighbor, Michael Baxter, for alleging his organic fields were decertified because of contamination from Baxter's Roundup Ready canola. canola field Marsh never grew canola, and the scientific evidence presented at trial proved "none of the Marshes crops or sheep...could acquire any genetic traits of Roundup [...]

19 May, 2014

Hot Water Topics II: Farmers Join In Suit v. Corps of Engineers for Missouri River Flooding

Sean Minahan2018-04-23T18:22:21-05:00May 19th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights, Water Law|

Over 200 Landowners, farmers and small-business owners have joined the lawsuit Ideker Farms, Inc. et al v. United States of America alleging they incurred property damage as a result of the U.S. Army Corps of Engineers' management of the Missouri River from 2006 to 2013. Reuters May 5, 2014. The lawsuit alleges the Army Corps of Engineers changed their priorities from flood management to environmental management; resulting in increased frequency and severity of flooding [...]

30 Mar, 2014

Hot Water Topics Pt. I: EPA Proposes New Definition of “Waters of The United States”

Sean Minahan2018-04-23T18:22:21-05:00March 30th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On March 24, the Environmental Protection Agency (EPA) proposed a new definition of "waters of the United States" as applied in the Clean Water Act (CWA). The definition of "waters of the United States" currently means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb [...]

26 Mar, 2014

State Senator Proposes One Board To Rule All Water Issues In Nebraska

Sean Minahan2018-04-23T18:22:21-05:00March 26th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

On January 21, 2014, Nebraska State Senator Bill Avery, introduced a bill (LB1005), which would create a board to govern the use of surface and groundwater. Currently, surface water is controlled by the State's Department of Natural Resources while groundwater is regulated by 23 Natural Resource Districts (NRDs). Recognizing a direct connection between surface water and ground water, Avery believes one board would provide a consistent regulation over the state's [...]

12 Mar, 2014

Crop Insurance Agents: No Rebates Allowed

Sean Minahan2018-04-23T18:22:21-05:00March 12th, 2014|Construction Contractor Advisor, Crop Insurance, Government Regulations, Midwest Agricultural Law|

Incentives work. Trust me, I use incentives all the time to get my three year old to sit still, eat his dinner, and stop asking me "why?" So why don't you ever see crop insurance agents incentivizing clients with bargains on premiums? Incentives on crop insurance rates, no matter how small, are not allowed. In the crop insurance world such incentives are called "rebates" and offering rebates is illegal under the Federal [...]

3 Mar, 2014

EPA Proposing New Pesticide Safety Measures

Sean Minahan2018-04-23T18:22:21-05:00March 3rd, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The Environmental Protection Agency (EPA) is looking to implement new safety measures for handling and applying pesticides on the nation's farm ground. The proposed changes come on the heels of an "Agricultural Health Study" of pesticide impacts on human health overseen by the EPA, USDA, National Institute of Health and the National Institute for Occupational Safety and Health. The proposed changes would include making pesticide protection training for applicators an [...]

21 Feb, 2014

It Was Bound to Happen: Farmer Sues Neighbor for GMO Contamination

Sean Minahan2018-04-23T18:22:21-05:00February 21st, 2014|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Farm Management, Government Regulations, Midwest Agricultural Law, Organic and All Natural|

Everybody saw it coming. Sooner or later an organic farmer was going to sue a neighbor for genetic contamination of an organic crop. It has happened in Western Australia when Steve Marsh sued his neighbor, Michael Baxter, for allegedly contaminating Marsh's organic fields. RT.com The case will be monitored as groundbreaking for future cases worldwide. Marsh alleges that wind blew Baxter's Roundup Ready canola onto Marsh's farm resulting in a loss of organic [...]

12 Feb, 2014

OSHA Backing Off Grain Bin Inspections

Sean Minahan2018-04-23T18:22:21-05:00February 12th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

The fear of OSHA inspecting the storage facilities of small farming operations seems to have been quelled. In 2011 OSHA issued a memo which led some inspectors to believe they were authorized to inspect grain storage facilities on private farms. The memo led to the inspection of a private grain storage facility in Atkinson, Nebraska resulting in approximately $132,000 in fines. In December, 2013, U.S. Senator Mike Johanns (R-Neb.) drafted a [...]

9 Oct, 2013

Iowa DNR and EPA Come Together on Concentrated Animal Feeding Operations Regulations

Sean Minahan2018-04-23T18:22:21-05:00October 9th, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Fall Into Line! A year ago the EPA threatened to pull Iowa's police power over Iowa's Concentrated Animal Feeding Operations (CAFOs) due to perceived shortcomings of Iowa's inspection and permitting process. On September 11, 2013 Iowa DNR (IDNR) and the EPA came to an agreement on actions the IDNR would take to bring their inspection and permitting process in line with EPA's requirements. Iowa agreed to the following: - [...]

13 Sep, 2013

CRP Payments Likely Subject to Self Employment Tax

Sean Minahan2018-04-23T18:22:21-05:00September 13th, 2013|Construction Contractor Advisor, Midwest Agricultural Law, Tax|

The following was posted by Dan Waters on the Midwest Business Law Journal on August 15, 2013. The Conservation Reserve Program (CRP) is a USDA land conservation program administered by the Farm Service Agency. In exchange for annual “rent” payments from the FSA, farmers enrolled in a CRP agree to remove select parcels of land from agricultural production and plant species in order to improve environmental health and quality. [...]

6 Sep, 2013

Guest Blogger Irv McQuarrie: Discussion on Investments and Agriculture.

Sean Minahan2018-04-23T18:22:21-05:00September 6th, 2013|Construction Contractor Advisor, Midwest Agricultural Law|

As a member of the Nebraska Agribusiness Club, I have had the great pleasure to meet Irv McQuarrie who runs the website https://www.investtuneretire.com/. We discussed investment opportunities and strategies. I asked him specifically about investment opportunities for agriculture and if he would provide his response in this blog. Where should farmers be putting their money? Most of us are of two minds when it comes to investing. Our left brain (that’s the rational side) [...]

30 Aug, 2013

RMA Removes “Normal Weather Condition” Requirement for Prevented Planting Eligibility…

Sean Minahan2018-04-23T18:22:21-05:00August 30th, 2013|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Prairie Pothole Region MapUS Geographic Survey ...for acres found in the Prairie Pothole National Priority Area, which extends to regions of Iowa, Minnesota, Montana, North Dakota and South Dakota. Beginning in 2014, acres planted in the Prairie Pothole region will be eligible for prevented planting payments if those acres were planted in at least one out of the last four years. The acres are eligible even if one or more of those four years was [...]

20 Aug, 2013

Florida’s Constitutional Ban on Gestation Crates = $505,000 Award for Hog Producer

Sean Minahan2018-04-23T18:22:21-05:00August 20th, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

A July decision by the Florida appellate court awarding a Florida hog producer over $500,000 for damages that occurred as a result of the State's 2003 ban on gestation crates may cause legislatures to take a second look before enacting legislation to rid the pork industry of those very crates. In 2010, Stephen Basford filed an "inverse condemnation" lawsuit against the State of Florida, claiming he was forced to shut down his hog operation [...]

2 Aug, 2013

Property Rights Along Waterway: What Nebraska Land Owners and Float Trippers Need to Know.

Sean Minahan2018-04-23T18:22:21-05:00August 2nd, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights, Water Law|

Float trips on the Dismal River, Platte River, and Niobrara in Nebraska, the Gasconade, Little Piney and Big Piney in Missouri and the North Platte in Wyoming make up some of my fondest memories. On every one of those float trips, without fail, nature calls on somebody in the group and a decision has to be made as to where can we stop, and how long can we stick around? This issue came to a [...]

5 Jul, 2013

Wet Weather Problems Pt. III: Gulf of Mexico Dead Zone and Iowa’s Response

Sean Minahan2018-04-23T18:22:21-05:00July 5th, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The Gulf of Mexico's dead zone is a big problem and the problem may the biggest on record this year as a result of the wet spring. As can be expected, heavier-than-normal rains lead to heavier-than-normal fertilizer runoff from fields, yards, golf courses, etc, into Midwestern rivers, which eventually ends up in the Gulf of Mexico. Algae feasts on the nitrogen from the fertilizer creating large algae blooms which die off and are decomposed by bacteria. The bacteria use oxygen [...]

13 Jun, 2013

Wet Weather Problems Pt II: Crop Insurance and Your Options

Sean Minahan2018-04-23T18:22:21-05:00June 13th, 2013|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

To plant or not to plant? It is a question several farmers are facing this year in those areas of the Midwest where the rain hasn't let up and the rivers have overtopped their banks. In some areas, the decision has been made for them. In those areas where the fields are beginning to dry out, farmers are well advised to speak with their crop insurance agent to determine how their decision may [...]

7 Jun, 2013

Wet Weather Problems Pt. 1: Manure Application and Iowa Law

Sean Minahan2018-04-23T18:22:21-05:00June 7th, 2013|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

This spring it rains 3 days for every 1 day it doesn't rain in Iowa. At least it seems. While the headlines concentrate on the delayed planting and replanting caused by flooded fields, livestock producers are scrambling to find ways to drain holding ponds filling up with rainwater. Livestock operators can relieve pressure on the holdings ponds by applying the manure onto the neighboring fields. Manure application is an important aspect of any operation's manure management plan and [...]

18 May, 2013

Supreme Court Ruling Protects Monsanto’s Patent For Round Up Ready Seed

Sean Minahan2018-04-23T18:22:21-05:00May 18th, 2013|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

Old US Supreme Court Chamber in Capital Bldg The U.S. Supreme Court ruled an Indiana farmer violated Monsanto's patent when he planted soybeans containing Monsanto's patented Round-Up ready genetics without paying Monsanto for the seed. The Court emphasized the ruling was limited to seeds, but the decision may affect self-replicating technology outside the ag world. Indiana farmer, Vernon Bowman, purchased Round-Up Ready soybeans from Monsanto for his first crop of the season. However, starting in 1999, [...]

17 Apr, 2013

Agricultural Law Pt. IV: Touchdown in Taiwan

Sean Minahan2018-04-23T18:22:22-05:00April 17th, 2013|Construction Contractor Advisor, Midwest Agricultural Law|

The group touched down late in Taipei, Taiwan to start the last leg of the LEAD 31 International Seminar. The following four days was a whirlwind of experiencing the culture, politics and economy of the East Asian state otherwise known as the Republic of China. Chiang Kai-Shek Memorial To understand Taiwan, one must understand the split between the Republic of China (Taiwan) and the People's Republic of China (China). Therefore, our first stop was [...]

29 Mar, 2013

Agricultural Law Abroad Pt. III: Visiting Vietnam

Sean Minahan2018-04-23T18:22:22-05:00March 29th, 2013|Construction Contractor Advisor, Midwest Agricultural Law|

Somewhere out in Hanoi a rooster crows incessantly To be honest, of the three countries we visited on the LEAD 31 International Seminar, Vietnam was my favorite. At its core, Hong Kong is similar to almost any other international metropolis. Hanoi and Ho Chi Minh City, on the other hand were completely different than anything I had ever experienced. Hanoi Upon leaving Hong Kong, we flew into rain [...]

12 Feb, 2013

Agricultural Law Abroad; Pt. II: Hello Hong Kong

Sean Minahan2018-04-23T18:22:22-05:00February 12th, 2013|Construction Contractor Advisor, Midwest Agricultural Law|

If you love skyscrapers and city skylines, Hong Kong is the place for you. The morning after arriving in Hong Kong was spent acclimating to our surroundings (i.e. figuring out breakfast (fried monk fish) and exchange rates). Fortunately, we did not have to figure out lunch, which was served and sponsored by Pet-Link Co. Ltd. Pet-Link Co. is a distributor of small animal pet products produced by Oxbow Animal Health in Murdock, Nebraska. [...]

31 Jan, 2013

Agricultural Law Abroad: Part I: How I Came to Board a Plane for SE Asia

Sean Minahan2018-04-23T18:22:22-05:00January 31st, 2013|Construction Contractor Advisor, Midwest Agricultural Law|

I realize it has been some time since my last posting. But wait, before you write me off as being lazy or having given up, listen to my excuse. Rice paddies outside Taipei, Taiwan On January 12th, I and the rest ofthe Nebraska LEAD Class 31, left for an educational tour of Hong Kong, Vietnam and Taiwan returning on January 24th. The weeks beforehand were spent scrambling around getting my cases and staff organized in preparation [...]

4 Jan, 2013

Rezoning Your Backyard For Wind Farms Is Not A Taking According To 7th Circuit Ct. of Appeals

Sean Minahan2018-04-23T18:22:22-05:00January 4th, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Some people just do not want certain activities conducted in their back yard, even if those activities which may benefit the community as a whole. Patricia Muscarello is such a person when it comes to wind farms being put up near land she owns in Winnebago County, Illinois. Despite Ms. Muscarello's best efforts, the 7th Circuit Court of Appeals decided the Winnebago County Board could rezone wind farms as permissible use of agricultural land. [...]

10 Dec, 2012

Written Livestock Production Contracts: Revisiting the Benefits Over the Handshake Deal.

Sean Minahan2018-04-23T18:22:22-05:00December 10th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Hopefully they are saying "Hello" and not "It's a Deal". Almost exactly a year ago, I wrote a blog discussing important checklists for producers entering livestock production contracts, which you can revisit here. This issue came to mind again when I learned of a recent lawsuit over a handshake deal between a livestock owner and contract grower. The owner claimed $85,000 in damages when several of the owner's cattle became sick or died because the contract [...]

30 Nov, 2012

The Wrongful Death Lawsuit: 5 Points Every Rancher or Farmer Should Know

Sean Minahan2018-04-23T18:22:22-05:00November 30th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Emergency medical helicopter taking off in rural field Every farmer and rancher knows their business is dangerous, and even with the utmost care, accidents happen. When the accident is fatal a subsequent wrongful death lawsuit may not only affect the bottom line but can also bring emotional and social turmoil that a farming or ranching operation is not prepared for. Fatal accidents can happen anytime, but here in Nebraska and Iowa, these [...]

16 Nov, 2012

National Organic Program Establishes 5% Residue Testing Requirement

Sean Minahan2018-04-23T18:22:22-05:00November 16th, 2012|Construction Contractor Advisor, Midwest Agricultural Law, Organic and All Natural|

Many in agriculture know the organic certification process has been a less than airtight, although many consumers may not be aware. As I discussed in my May 2011 blog, certifying agencies have been inconsistent with the frequency of inspections, inspection standards, and the assessing punishments for violations. The National Organic Program (NOP) has attempted to tighten those leaks by establishing a periodic residue test on 5% of the farms certified by an independent agency. The testing requirement will [...]

8 Nov, 2012

GIPSA Enforcement: Failure to Pay When Due Violations are Low Hanging Fruit

Sean Minahan2018-04-23T18:22:22-05:00November 8th, 2012|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Cattle Chute In the past two months, there seems to be an uptick in violations of the Packers and Stockyards Act (P&S Act) for failing to pay, when due, the full amount for livestock. In fact, the U.S. Dept. of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) has issued ten press releases regarding such violations in that time period. Arguably, the violation for failing to pay, when [...]

13 Oct, 2012

And in this Corner: Preparing for Crop Insurance Arbitration

Sean Minahan2018-04-23T18:22:22-05:00October 13th, 2012|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Farmer v. Crop Insurer I was hanging out in Midwesttown, USA the other day and came across a poster advertising an event held at the community center. The poster read: FIGHT NIGHT! Jimmythe Farmer v. Craig Crop Insurer in a 12 round winner take all bout. So I headed right over, laid down my money and walked in to a sold out fight. It was a good fight with both fighters standing toe to toe [...]

27 Sep, 2012

Workers Wanted Desperately Needed: Searching for a Solution to the Foreign Agricultural Labor Shortage

Sean Minahan2018-04-23T18:22:22-05:00September 27th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The call for immigration reform is being made again (or, still) as many producers find they are increasingly unable to provide the work force—a work force which comes predominantly from Mexico—needed to harvest their crops. A recent article by Carol Lawrence examines some of the economic and policy issues responsible for creating a shortage of foreign workers. (https://www.therepublic.com/view/story/farm-workers/farm-workers). According to a recent report from the Pew Hispanic Center, the difficulty [...]

19 Sep, 2012

CSR2 Effect on Iowa Land Values

Sean Minahan2018-04-23T18:22:22-05:00September 19th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

In mid-August, Iowa's Natural Resource and Conservation Service (NRCS) began rolling out an updated version of the Iowa Corn Suitability Rating; now commonly known as CSR2. Iowa farmers need to be aware whether CSR2 has been implemented on their land and how the updated rating may affect property taxation and land value. In 1971, a gentleman named Tom Fenton developed a rating to measure the potential productivity of the land based on soil type, slope characteristics and weather conditions [...]

6 Sep, 2012

PETA Video Given “R” Rating at Kansas State Fair

Sean Minahan2018-04-23T18:22:22-05:00September 6th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

"R" meaning restricted, of course. The Kansas State Fair (Sept. 7 - 16) had required PETA to restrict viewing of PETA's 13 minute video depicting livestock slaughter from people walking by PETA's booth. As previously discussed in my Aug. 27th blog, PETA did not like the restriction and filed a lawsuit claiming their constitutional right to free speech had been violated. PETA asked the U.S. District Court, District of Kansas to block the restriction, [...]

27 Aug, 2012

PETA Claims Constitutional Right to Protest Animal Agriculture at Kansas State Fair

Sean Minahan2018-04-23T18:22:22-05:00August 27th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The People for the Ethical Treatment of Animals (PETA) has threatened to file a lawsuit against the Kansas State Fair for violating PETA's right to free speech; specifically, the right to show a 13 minute undercover video of packing plants and large animal confinements. PETA was granted to right to set up a booth at the fair but was not allowed to show the video or any pictures depicting animal processing. The American Civil Liberties [...]

13 Aug, 2012

EPA Dishes Punishment on Iowa DNR’s Failure to Enforce CWA

Sean Minahan2018-04-23T18:22:22-05:00August 13th, 2012|Construction Contractor Advisor, Midwest Agricultural Law|

"Just wait until your father gets home!" are the dreaded words my friends and I probably feared most growing up. The Iowa Department of Natural Resources' (IDNR) proverbial father, the EPA, recently came home and threatened to punish the IDNR for failing to properly enforce the Clean Water Act (CWA) against livestock facilities. As discussed in my August 2011 blog, several environmental groups have claimed the IDNR has not been appropriately regulating CAFO wastewater discharges in Iowa. The EPA finally responded [...]

6 Aug, 2012

After Instant Replay Review: Pesticide Drift Is Not a Trespass in Minnesota

Sean Minahan2018-04-23T18:22:22-05:00August 6th, 2012|Construction Contractor Advisor, Crop Damage Claims, Midwest Agricultural Law|

Almost one year ago, I reported in this blog, that the Minnesota Court of Appeals ruled "unwanted pesticide drift...can constitute a trespass" in favor of organic producer, Oluf Johnson. The defendant, Paynesville Farmers Union Cooperative, tossed the red flag and requested an instant replay review. After review, the Minnesota Supreme Court ruled pesticide drift cannot, as a matter of law, constitute a trespass. The Minnesota Supreme Court didn't exactly overturn a touchdown. The Court emphasized pesticide drift cases are nuisance [...]

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