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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Indiana Wine and Grape Growers: Handshakes and Heartbreaks

Indiana Wine and Grape Growers: Handshakes and Heartbreaks

Last week I drove to beautiful Monroe County, Indiana to present at an Indiana Winery and Vineyard Association annual meeting. We met at Creekbend Vineyard, Oliver Winery's commitment to producing wine from Indiana-grown grapes.

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Crop Share Agreements

Crop Share Agreements

Crop share agreements are more flexible than the fixed cash rent lease. There are benefits and drawbacks to this type of farm contract, including tax liability and risk allocation.

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Cash Rent Agreements

Cash Rent Agreements

A cash rent lease is a fixed agreement in which a landowner receives a fixed payment from the farmer to rent the farmland. There are pros and cons to this most widely used farm lease.

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Farm Leases and Rented Farmland

Farm Leases and Rented Farmland

I gave a presentation about farm leases this week to a national group of attorneys. I'm sharing some of my presentation here on the blog in case it can help our clients and friends when negotiating their own leases. 

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Grape Growers and the FSMA Produce Rule

Grape Growers and the FSMA Produce Rule

As of 2018, grape growers are required to adhere to the Food Safety Modernization Act ("FSMA") Produce Rule if they sell grapes to wineries. However, most grape growers will qualify for an exemption.

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What does the $50M hog farm verdict mean for livestock farms?

What does the $50M hog farm verdict mean for livestock farms?

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?

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Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

Omnibus Bill Removes Livestock Air Emissions Reporting Requirement

The 2018 federal omnibus spending bill fixed the problem caused by a federal court regarding air emissions reporting requirements for livestock operations. 

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Zoning: The "You Can't Do That" Edition

Zoning: The "You Can't Do That" Edition

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.

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Return of the Local Butcher: Meat Class

Return of the Local Butcher: Meat Class

I recently attended a whole hog butchering class here in Indianapolis, which closed the gap between farmer, butcher, and consumer.  

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Fake Meat: When "Beef" Isn't Beef

Fake Meat: When "Beef" Isn't Beef

The U.S. Cattlemen's Association recently filed a petition asking the USDA to issue a formal definition of "beef" as meat derived from cattle. This has set off a battle over labels with makers of lab-grown "clean meat" and plant-based meat substitutes. So just what is "beef"? 

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Hop Farm Checklist

Hop Farm Checklist

Specialty crops, like hops farms, deserve special attention. This post explains three important tasks a new or established hops farm should complete to ensure it is well-protected. 

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Update: Court Grants Another Delay of Air Emissions Reporting Requirement

Update: Court Grants Another Delay of Air Emissions Reporting Requirement

On January 19, 2018, the EPA requested another 90-day delay to the federal air emissions reporting requirement under CERCLA. The Court granted the request, extending the effective date of the mandate until at least May 1, 2018.

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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 Challenges Massachusetts Livestock & Poultry Law in U.S. Supreme Court

Indiana Challenges Massachusetts Livestock & Poultry Law in U.S. Supreme Court

Indiana is leading a group of states in a lawsuit against Massachusetts over a new livestock and poultry law requiring any pork, veal, or eggs sold in the state to be derived from animals raised with space to turn around and lie down without touching an enclosure. 

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What are Others Saying about Air Emissions Reporting?

What are Others Saying about Air Emissions Reporting?

A federal court stayed the mandate requiring many livestock producers to report air emissions from manure until January 22, 2018. We are awaiting further guidance from EPA. In the meantime, here is what others are saying.

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Livestock Air Emissions Reporting: What's Next?

Livestock Air Emissions Reporting: What's Next?

Livestock producers are not yet required to report air emissions under the Clean Air Act, but that will soon change. On January 22, 2018, this new obligation for farms is expected to take effect. 

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Farmer Group Challenges Trump Rollback of GIPSA Rules

Farmer Group Challenges Trump Rollback of GIPSA Rules

On December 14, 2017, a farmer group filed a federal lawsuit challenging the Trump administration's rollback of two controversial GIPSA rules intended to protect individual farmers.

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Can Fish Feel?

Can Fish Feel?

I recently read an article called "Do You Care If Your Fish Dinner Was Raised Humanely?". It got me thinking: was aquaculture the next industry to be targeted by animal activists? All signs point to yes.

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Four Major Federal Agriculture Stories from 2017

Four Major Federal Agriculture Stories from 2017

The past 365 days have been a wild ride, complete with major changes to federal programs relied on by farmers and ag businesses. Four federal stories dominated 2017: WOTUS, NAFTA, GIPSA, and Air Emissions. 

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