No Deference to the Agency? Environmental Appeals in Indiana have Changed.
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A new 2024 law changes the way people challenge administrative decisions, especially IDEM appeals.
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The Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Climate Change and Dairy Cows
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The climate is changing. How will that impact dairy production?
Read MorePreparing for a Zoning Hearing
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Here in Indiana, the fight against livestock and solar farms seemed to have moved to the county level. Landowners can do a few things to improve their chances of obtaining the necessary county zoning approval for a new project.
Read MoreIs a Zoning Moratorium Legal?
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Agriculture, it seems, has a zoning problem. On top of the various state or federal permits a farm or agribusiness may be required to obtain before starting construction, local zoning ordinances can create yet another layer of red tape.
Read MoreCourt Rejects Novel Air Emissions Argument Against CFO
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An Indiana court recently rejected a new argument advanced by opponents of a CFO. I was happy to work with the state’s attorney to defend the CFO permit.
Read MoreAnimal Agriculture and Contract Disruptions
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Contracts are being disrupted, cancelled, and breached because of COVID-19 and the economic ripples it has caused throughout the world. No one is exempt from this.
Read MoreProtecting the Farm With and From Technology
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Farm security involves proper animal care, screening and training employees, and physically hardening the farm’s boundaries. Now it also requires the use of and defense against high tech cameras, drones, and virtual reality.
Read MoreCarbon Credits for Cows
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Livestock farmers are famous for their efficiency — livestock farms grow crops which they feed to their animals and then use the manure from the animals to fertilize their crops. This mindset makes farmers perfectly situated to participate in the carbon credit marketplace.
Read MoreLocal v. State Control - Indiana Planning and Zoning
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Planning and zoning seems, at least at first, like a purely local issue. This idea is called Home Rule. But in most states, including here in Indiana, state (and federal) statutes limit a local government’s power.
Read MoreYou Can't Make Everybody Happy All the Time: the Costco Chicken Story
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We’ve written before on consumer demand’s impact on agriculture. Non-GMO, organic, cage-free, sustainable, antibiotic-free, lab-grown…there is a long list of products developed to meet new consumer demand. As Costco has been finding out, not all attempts to meet consumer demands can make everybody happy all of the time.
Read MoreConsumer Demands are Changing Livestock Farms
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Consumers have an endless variety of options at the grocery store these days. How are consumer demands impacting livestock farms?
Read MoreRefresher Course: Indiana Right to Farm Act
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I spent some time on a college campus recently teaching an Ag Law class about the Indiana Right to Farm Act. This was a good chance for me to think about the Act in a new light and reminded me of two key facts about the Act.
Read MoreZoning: Neighbors Do Not Have Automatic Standing
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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.
Read MoreWhat does the $50M hog farm verdict mean for livestock farms?
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On April 26, 2018, a North Carolina jury awarded 10 plaintiffs a total of $50 million in punitive damages and $750,000 in compensatory damages for damages allegedly caused by a nearby hog farm. What does this mean for other livestock producers?
Read MoreZoning: The "You Can't Do That" Edition
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Recently we've seen a few counties consider blocking livestock development. But barring the construction of of livestock farms in rural areas often is legally suspect.
Read MoreDoes Running a Dairy Farm Violate Your Neighbor's Religious Rights?
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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.
Read More10-Minute Webcast: Zoning Tips for Livestock Operations
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We are launching a new series of short webcasts, designed to be watched during a break in your busy day. This is the second webcast and it addresses zoning tips for livestock operations.
Read MoreIndiana Legislative Committee Hears Testimony on Livestock Rules
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The Indiana Legislature's Interim Study Committee on Agriculture and Natural Resources is considering whether any changes should be made to Indiana confined feeding laws.
Read MoreThe Perils of Representing Yourself Before an Administrative Agency
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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.
Read MoreLegal Nonconforming Use, or Being "Grandfathered In"
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Livestock facilities in rural areas may be considered "legal nonconforming uses" and therefore be exempt from new zoning ordinances. Indiana law, in particular, gives special protection to agricultural land uses.
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The 45Z tax credit for production of sustainable fuels will require farmers to verify compliance with ag data.