December 16, 2022 Weekly Round Up

We are here with our final round up of 2022.  It has been a busy year.  If you missed our National Year in Review blog post, click here. If you prefer audio, you can check out my podcast episode with Paul Goeringer here.  Be sure to check back on Monday for our Texas Year in Review post as well.

Here are a few of the ag law stories in the news.

Photo: Texas A&M AgriLife Marketing & Communications

Oral argument held in dicamba case before D.C. Court of Appeals.  Oral argument was held this week in a lawsuit filed by the American Soybean Association and Plains Cotton Growers in the U.S. Court of Appeals for the D.C. Circuit.  The plaintiffs challenge the EPA’s additional label restrictions for over-the-top dicamba products XtendiMax, Engenia, and Tavium announced March 15, 2022.  At the arguments, the plaintiffs asked the court to clarify certain jurisdictional rules under FIFRA and to require the EPA to use “best available science” when formulating registrations and  considering impacts on endangered species.  [Read article here.]

Lawsuit challenges loan program for “family farmers” being used for poultry operations.  Concerned Citizens of West Tennessee have filed suit against the USDA  in Tennessee federal court challenging grants given to certain poultry operations.  Specifically, the lawsuit claims that FSA loans intended for “family farms” should not have been granted to “large scale industrial chicken operations without thoroughly analyzing their environmental impacts as required by law.”  They claim that these chicken farms are “affiliated with and controlled by Tyson” and do not qualify as “family farms” as defined by the FSA regulations.  Further, they claim the FSA did not conduct the necessary environmental analysis under NEPA.  [Read Complaint here.]   Thanks to Dr. Jordan Shockley at the University of Kentucky for putting this case on my radar.

Successful Farming article on carbon contracts.  I recently did an interview with Successful Farming about legal considerations for carbon contracts.  They also visited with my friend, Todd Janzen, an attorney in Indiana who is working with clients to negotiate these agreements and my friend, Anson Howard, a Texas attorney and landowner who has entered into a carbon contract on his own land.  [Read article here.]  To hear more from Todd, Anson, and me on this topic, listen to our prior podcast episode here.

Planning for long term care important.  Farm Progress recently published an important article on the importance of long term care planning based on an interview with Ohio-based attorney, Robert Moore.  They did a great job of explaining the importance of this issue, key considerations, and potential options. [Read article here.]  To hear a podcast episode I did with an elder law attorney, click here.

Forbes publishes useful estate planning overview.  Forbes published a good article walking through the basics of estate planning.  The only portion with which I would disagree is the section on DIY estate plans.  Particularly for farm and ranch families, these do it yourself estate plans are simply not designed for the complex nature of any farm or ranch assets.  I highly recommend using an attorney licensed in your state to help draft the right estate plan for your specific situation.  [Read article here.]


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