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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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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Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws

Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws

The First Amendment does not protect all speech. A federal appeals court just ruled it does not give a person the right to gain access to a farm by “false pretenses.” On the other hand, the court held the First Amendment does protect certain false statements made as part of an employment application.

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Dicamba Confusion

Dicamba Confusion

On June 3, 2020, the Ninth Circuit Court of Appeals vacated the EPA registration of three dicamba herbicides. After five days, the EPA issued a cancellation order for the chemicals. The agency will permit growers and commercial applicators to use existing stocks of the herbicides.

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Zoning: Neighbors Do Not Have Automatic Standing

Zoning: Neighbors Do Not Have Automatic Standing

The Indiana Court of Appeals just issued an opinion holding that a neighbor did not have “standing” to appeal variances because he did not show he was “aggrieved.” This case could be important for farmers whose neighbors want to appeal a zoning approval.

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Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

Does Running a Dairy Farm Violate Your Neighbor's Religious Rights?

On January 16, 2018, the Indiana Court of Appeals upheld a county decision to allow a dairy to build a new farm in rural Rush County. The Court rejected arguments made by a nearby camp that the dairy's special exception would violate its religious rights.

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Indiana Farm Store May Sue Michigan Customer for Unpaid Seed

Indiana Farm Store May Sue Michigan Customer for Unpaid Seed

The Indiana Court of Appeals recently affirmed that a northern Indiana feed and farm supply store can sue a Michigan man in Indiana court for unpaid seed bills. The Appellate Court ruled the court in LaGrange County has personal jurisdiction over Harold Walters, who lives just over the border in Michigan. 

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The Perils of Representing Yourself Before an Administrative Agency

The Perils of Representing Yourself Before an Administrative Agency

Livestock facilities must go through numerous steps in order to operate, including state permit approval and county siting approval. State permit appeals in Indiana are heard by the Office of Environmental Adjudication. Permittees may represent themselves before the OEA, but they do so at their peril. 

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