Indiana Supreme Court Considering BZA Appeal Procedures

Indiana Supreme Court Considering BZA Appeal Procedures

The Indiana Supreme Court is currently considering when an appeal of a BZA decision must be filed in order to be timely. The outcome of this decision will impact so many agricultural land use projects around the state.

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Protecting Property Rights: the Conservancy District Version

Protecting Property Rights: the Conservancy District Version

The Court of Appeals recently handed down a win for our clients and for personal property rights in a conservancy district case.

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Persistence Pays Off: Indiana Dairy Wins Zoning Case at Court of Appeals

Persistence Pays Off: Indiana Dairy Wins Zoning Case at Court of Appeals

In the waning hours of 2025, the Indiana Court of Appeals handed down an important victory to an Indiana dairy farm, affirming the dairy’s zoning approval and allowing construction to proceed.

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Review of National Conference - Top Environmental Issues for 2026

Review of National Conference - Top Environmental Issues for 2026

Here are the top three issues I heard about at the ABA’s SEER conference in Washington DC that could impact agriculture in 2026.

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Eminent Domain and Renewable Energy

Eminent Domain and Renewable Energy

Eminent domain is government’s ability to take private land for a public purpose in exchange for just compensation. Can the public purpose stretch to cover renewable energy projects?

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Air Emissions Win for Livestock and Poultry

Air Emissions Win for Livestock and Poultry

Earlier this month, the D.C. District Court upheld the EPA’s 2019 rule exempting air emissions from animal waste at farms from EPCRA emergency reporting requirements.

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New Review Standards Don't Apply to Zoning Appeals

New Review Standards Don't Apply to Zoning Appeals

Last year the standard for review for administrative decisions was upended (Indiana and federal level). Recently our Court of Appeals explained that this change does not apply to zoning appeals.

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Indiana General Assembly Considers Doubling Routine Livestock Farm Inspections

Indiana General Assembly Considers Doubling Routine Livestock Farm Inspections

There are a number of agricultural bills being considered this session, including one which would impact livestock farmers across the state by requiring additional site inspections.

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Re-Examining Indiana Water Law in Light of Today's Competing Demands

Re-Examining Indiana Water Law in Light of Today's Competing Demands

Competition for groundwater is leading states and counties to change the way they regulate subsurface water.

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Mounting Litigation Over PFAS in Biosolids

Mounting Litigation Over PFAS in Biosolids

A series of recent New York Times articles have sounded the alarm about PFAS chemicals in biosolids being land applied as fertilizer to agricultural ground. Is the concern legit?

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Who Decides if a County Solar or Wind Ordinance is Valid?

Who Decides if a County Solar or Wind Ordinance is Valid?

Two recent Indiana Supreme Court cases shed light on how the utility regulatory commission could, in the future, decide that county solar zoning ordinances are unreasonable and therefore void.

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What does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)

What does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)

The Supreme Court overturned Chevron in June. Now, instead of deferring to administrative agencies’ interpretation, courts must exercise their own “independent judgment” as to statutory construction. This change will have far-reaching consequences for agricultural and environmental regulations.

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Tacos are Sandwiches under Indiana Zoning Law

Tacos are Sandwiches under Indiana Zoning Law

In a recent zoning dispute, an Indiana judge ruled that tacos are legally sandwiches.

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Comment

Another Government Flooding Takings Case!

Another Government Flooding Takings Case!

On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their federal inverse condemnation claims against the State of Texas through the existing state law.

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No Deference to the Agency? Environmental Appeals in Indiana have Changed.

No Deference to the Agency? Environmental Appeals in Indiana have Changed.

A new 2024 law changes the way people challenge administrative decisions, especially IDEM appeals.

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2024: Water Problems in the Heartland

2024: Water Problems in the Heartland

In the Midwest, we’ve historically had more than enough water for everyone. This usually meant a hands off approach to water regulation. But 2024 may be the year that changes the status quo.

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Should Rural Landowners be Worried about PFAS?

Should Rural Landowners be Worried about PFAS?

How worried should farmers and rural landowners be about PFAS liability?

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Comment

Indiana Agriculture in Laos

Indiana Agriculture in Laos

This year, I traveled to Laos with our state’s ag leadership program. Laos is a hot communist country bombed by the U.S. not that long ago and it couldn’t be more different from its neighbors.

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Comment

WOTUS, Yet Again.

WOTUS, Yet Again.

One area of law refuses to stay consistent from year to year—Waters of the United States (WOTUS). The EPA and Army Corps recently amended a rule (mostly) in alignment with the Supreme Court’s Sackett decision.

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Supreme Court Limits Federal Clean Water Act Jurisdiction

Supreme Court Limits Federal Clean Water Act Jurisdiction

The Court narrowed the reach of the Clean Water Act in Sackett v. EPA by limiting what wetlands are considered Waters of the United States (WOTUS).

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