Five Keys to a Successful Feed Contamination Case
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We have successfully handled feed contamination cases and I’ve learned that there are five evidentiary keys to these disputes.
Read MoreThe Schroeder Ag Blog addresses issues facing farmers, ranchers, and businesses involved with crops, livestock, dairy, and meat production.
Methane Gas and Livestock Farms -- a Win for Agriculture
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Dairy farms—and other livestock operations—can be a leader in the battle against climate change. Emissions from livestock farms should be measured differently than the emissions from fossil fuels.
Read MoreMississippi Court Protects Farmers' Deer Cannon Use
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The Supreme Court of Mississippi recently ruled that the state’s Right to Farm Act protected farmers’ use of cannons to scare deer away from fields where the farms had been in operation for more than one year.
Read MoreHow Will Indiana's Isolated Wetlands Act Impact Agriculture?
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Indiana Governor Eric Holcomb signed the controversial isolated wetlands bill into law on April 29, 2021. What, if anything, does that mean for agriculture?
Read MoreEnhanced Trespass or "Ag Gag" Litigation Updates
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Activist groups continue to challenge what they call “ag gag” or enhanced trespass statutes around the country, alleging the laws violate the U.S. Constitution. This post provides a national update on some of these lawsuits.
Read MoreQuestions to Ask Your Solar Tenant
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Five questions to ask your potential new solar tenant before negotiating the agreement.
Read MoreLitigating in the Age of Covid: Three Big Things (and the Cat Lawyer)
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As we approach the one-year anniversary of the COVID-19 virus stopping the world in its tracks, my mind wandered to more superficial things this pandemic has changed. Namely—how we litigate . Three big changes jump to mind.
Read MoreMaking Agriculture a Part of the Solution
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Farmers are positioned to be the heroes—not the villains—of our country’s next chapter.
Read MorePredictions for WOTUS under President Biden
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We are about one month away from a change in presidential administrations. The Biden administration will likely bring many obvious changes to the federal government, but will it impact whether the government has jurisdiction over ground or waters on your property? In other words, will the Biden government seek to change the definition of WOTUS?
Read MoreZoning for Solar Farms
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Solar farms are the latest and hottest kid on the block when it comes to renewable energy in the midwest. This post addresses local government considerations as counties and cities welcome solar power.
Read MoreSmokeable Hemp - Off Again in Indiana
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The Seventh Circuit overturned an injunction meant to halt an Indiana law which bans smokeable hemp. This puts the law back in play unless and until a more narrow injunction is entered.
Read More"Open Fields" in Indiana: Can the Government Secretly Record Your Property?
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Here in Indiana, can the government secretly record you and your family while you’re in the fields? A recent Farm Journal article on the “Open Fields” doctrine shines a light on this very practice in Tennessee.
Read MoreThe Worst Hard Time: Wheat Farms Blown Away
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Sixty years ago today (July 7), Hugh Bennett died. He was the “father of soil conservation” and was instrumental in slowing the ravages of the Dust Bowl in the 1930s. His ideas were radical then, but helped us overcome The Worst Hard Time.
Read MoreDicamba Confusion - Update!
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The EPA is defending its decision to allow farmers and commercial applicators to use “existing stocks” of three Dicamba products (XtendiMax, Engenia, and FeXapan) even though it recently cancelled the registration of those herbicides.
Read MoreDicamba Confusion
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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.
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 MoreCOVID19 & Force Majeure in Agricultural Contracts
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Some contracts include a force majeure provision that excuses parties from their obligations if an unexpected event occurs. Does the current COVID-19 outbreak qualify? It all depends on the specific contract language.
Read MorePreparing the Farm for the Novel Coronavirus
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The warnings are dire—the novel coronavirus disease 2019 (COVID-19) now poses a significant risk here in the United States. What can a farm or agricultural business do to prepare? Five ideas.
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 MoreWOTUS Changes....Again
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The Trump administration released its new Navigable Waters Protection Rule (NWPR) on January 23, 2020. This blog explores how that change affects US agriculture.
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Online revenue management platforms for landlords are being challenged as price fixing tools. What will the implications be for tenant farmers?