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In this episode, Paul discusses a recent column he did for the American Agriculturist magazine on the 5 steps you should consider when finding and interviewing an attorney. Materials discussed in this episode: Goeringer, Paul, 5 steps to find the right attorney for your needs (Farm Progress, 2020). If you have questions for Paul contact him at lgoe…
 
In this episode, Paul discusses what should go into considerations for hunting leases. Materials discussed in this episode: Goeringer, Paul, Hunting Leases: Checklist for Those Considering a Hunting Lease (AREC 2015). Kayes, Jonathan, Landowner Liability and Recreational Access (UME, 2008). Lashmet, Tiffany, Texas Hunting Lease Checklist (TAMU Agri…
 
In this episode, Paul discusses the recent ruling by the 9th Circuit remanding the registration for Enlist Duo back to EPA to provide more reasoning on the impact of the pesticide's usage on target areas to milkweed. This ruling comes in a string of rulings that have impacted pesticide usage in the U.S. Materials discussed in this episode: Goeringe…
 
In this episode, Paul discusses the recent final regulation announced by the Council on Environmental Quality (CEQ) to update the National Environmental Policy Act (NEPA). This update will have an impact on agriculture. Materials discussed in this episode: Goeringer, Paul, CEQ Finalizes First Update to the National Environmental Policy Act Since 19…
 
In this episode, Paul is joined by Dr. Bailey Norwood, Professor, Department of Agricultural Economics, Oklahoma State University, to discuss the impact of COVID-19 on ag supply chains. If you have questions for Bailey, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawP…
 
In this episode, Paul discusses recent updates in the area of dicamba with the EPA vacatur of the registration for three dicamba-based herbicides and the class action settlement in the drift suits. Materials discussed in this episode: Goeringer, Paul, Dicamba Legal Update: What Is Going On In the Ninth Circuit And What Is Going On With the Drift Cl…
 
In this episode, Paul discusses how MD's proposed hemp plan would change the definition of what is considered hemp and why that change is needed to comply with federal law. Materials discussed in this episode: Goeringer, Paul, 0.3 percent of what? Pay attention to changes in the new state hemp production plan (AREC 2020). If you have questions for …
 
In this episode, Paul is joined by Dr. Justin Benavidez, Assistant Professor – Extension Economist, Texas A&M AgriLife Extension Service, and Dr. Charley Martinez, Assistant Professor and Extension Economist, Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent developments in the c…
 
Paul gets to take the week off and Emily Zobel, Agriculture Senior Agent Associate, the University of Maryland Extension in Dorchester County, takes over the podcast to discuss farm stress and ways to manage stress. Materials discussed in this podcast: Farm Stress Management, University of Maryland Extension. You can contact Emily by emailing her h…
 
In this episode, Paul is joined by Michael Fielding, Partner, Husch Blackwell, on how to resolve distressed farm loans. If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.…
 
In this episode, Paul is joined by Julie Walker, a Research Assistant, University of Maryland, and a recent graduate of Drake Law Schoo with J.D. and a certificate in Food and Agricultural Law to discuss her research that has been focused on Chapter 12 bankruptcy. If you have questions for Ms. Walker, please email her here. If you have questions fo…
 
In this episode, Paul is joined by Brigit Rollins, Staff Attorney, National Agricultural Law Center, University of Arkansas, to discuss the recent 9th Circuit decision vacating the EPA's approval of three dicamba-based herbicides. Materials discussed: National Agricultural Law Center's website. Rollins, Brigit. Deal With Dicamba blog posts, Agricul…
 
In this episode, Paul is joined by Dr. Jada Thompson, Assistant Professor Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent article she co-authored on the impact of high path avian influenza on firms. Materials discussed: Thompson, Jada, Carlos J.O. Trejo-Pech, Dustin L. Pendell.…
 
In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss the new Coronavirus Food Assistance Program that was recently announced by USDA. Materials discussed: The Agricultural and Food Policy C…
 
In this episode, Paul discusses force majeure contracts that could be found in many agricultural contracts. This episode is based on work by Paul, Elizabeth Thilmany, and Mayhah Suri. Materials discussed in this episode: Goeringer, Paul, Elizabeth Thilmany, and Mayhah Suri, Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by …
 
In this episode, Paul is joined by Dr. Adam Kantrovich, Extension Associate Professor of Agribusiness, Clemson University Extension to newly created programs to assist business owners including agricultural operations through the Small Business Administration during the COVID-19 pandemic. Materials discussed: Clemson University Extension, Agribusin…
 
In this episode, Paul is joined by Dr. Tyler Mark from the Department of Agricultural Economics at the University of Kentucky to discuss some of the basic issues associated with industrial hemp. Materials discussed: Industrial hemp agronomic research at the University of Kentucky. If you have questions for Dr. Mark, you can email him here or tweet …
 
In this episode, Paul is joined by Dr. Jordan Shockley, Assistant Extension Professor, Department of Agricultural Economics, University of Kentucky, to discuss the poultry market changes during the COVID-19 outbreak. If you have questions for Jordan, you can email him here or you can tweet @Shock_N_AgMgmt. If you have questions for Paul contact him…
 
In this episode, Paul is joined by Dr. Derrell Peel, Professor & Charles Breedlove Professorship in Agribusiness, from Oklahoma State University and the Farm to Market Podcast, to discuss the cattle market changes during the COVID-19 outbreak. Materials discussed: Economic Damages to the U.S. Beef Cattle Industry Due to COVID-19, NCBA (2020). If yo…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss estate planning, the importance of using an attorney, and other basics in the process during the COVID-19 pandemic. If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@…
 
In this episode, Paul discusses a frequently asked question of can a farm dog be a nuisance in Maryland. The answer will depend upon the county code exempting farm dogs from the nuisance dog ordinance or potentially on the county's right-to-farm ordinance. Materials discussed in this episode: Goeringer, Paul, Frequently Asked Questions: Paul, My Fa…
 
In this episode, Paul discusses the 2020 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation. Materials discussed in this episo…
 
In this episode, Paul uses a court decision out of North Dakota to highlight why updating an estate plan and talking to your family about those updates is important. Materials discussed in this episode: Goeringer, Paul. Father’s Estate Plan Leaves Many Unanswered Questions Relating to Gifts to On-Farm Heir (UMD Nov. 29, 2017). University of Marylan…
 
In this episode, Paul discusses why you should consider having a written farm lease. Materials discussed in this episode: Goeringer, Paul. Need a New Year’s resolution? Consider a written lease (Farm Progress Jan. 13, 2020). University of Maryland Extension Agricultural Leasing homepage. Vermont School of Law. Farm Lease Builder Tool (2019). If you…
 
In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Fa…
 
In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. Maryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers’ Compensation Case (Dec. 30,…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2019. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitut…
 
In this episode, Paul discusses a decision out of Iowa involving a long-term lease used as apart of a farm succession plan. Materials discussed in this episode: Goeringer, Paul. Long-Term Leases Provide a Valuable Succession Planning Tool as Recent Court Case Highlights (Oct. 30, 2018). University of Maryland Extension Farm Transitions and Estate P…
 
In this episode, Paul discusses a recent decision out of Minnesota requiring a state agency to address concerns raised by an environmental group that the agency did not address climate change and greenhouse gas emissions from a dairy expansion raised by the group. Materials discussed in this episode: Goeringer, Paul. Minnesota Agency Should Have Ta…
 
In this episode, Paul discusses a proposed right-to-farm and trespass bill in New South Wales, Australia. Paul looks at how this proposed law would compare to U.S. right-to-farm laws. Paul also looks at the increased trespass penalties on farmland. Materials discussed in this episode: Goeringer, Paul, New South Wales Considers Right-to-Farm Law and…
 
In this episode, Paul discusses a recent opinion from the Maryland Court of Special Appeals finding that Baltimore City's food truck ordinance was constitutional and reversing the circuit court decision. Materials discussed in this episode: Goeringer, Paul, Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (MD Ag Podcast, Ap…
 
In this episode, Paul discusses how a right-to-farm law might apply in a nuisance claim against a hemp grower. Materials discussed in this episode: Goeringer, Paul. Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense? (2019). Goeringer, Paul and Dr. Lori Lynch. Understanding Agricultural Liability: Maryla…
 
In this episode, Paul discusses the debt increases to Chapter 12 bankruptcy that were recently passed by Congress. Some argue that this change is needed based on increasing farm size and increasing land values, but others argue this change could lead to increased lending costs to producers. Materials discussed in this episode: “Family Farmer Relief…
 
In this episode, Paul discusses Maryland's laws on fencing livestock in and how county codes can modify the state's law. Materials discussed in this episode: Goeringer, Paul, Understanding Agricultural Liability: Maryland Fencing Law (Oct. 2014). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.…
 
In this episode, Paul discusses when private citizens might have the right to make a citizen's arrest in Maryland. Although it will be discussed you do in limited situations in Maryland have this right, you should never exercise the right. Materials discussed in this episode: Can I Make a Citizen's Arrest? (AREC, May 2014). If you have questions fo…
 
In this episode, Paul provides an update in the Syngenta settlement in the MIR162 class action lawsuits. Corn growers should hopefully begin to see checks in February 2020. Materials discussed in this episode: Goeringer, Paul, Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet? (AREC July 30, 2019). Settlement w…
 
In this episode, Paul posts the audio from a recent webinar he did covering ag labor issues. Recent high profile animal welfare videos have highlighted issues when employees can cause problems for livestock operations. Many farms should take a moment to review their hiring practices and how they train employees to use generally accepted handling pr…
 
In this episode, Paul discusses the appeal in Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was not preempted by state law and over. The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purpo…
 
In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland General Assembly passed HB1123 and signed by Governor Hogan. The new legislation went into effect on June 1, 2019, but we are still waiting on USDA's regulations to see how the state will implement the law. Materials discussed in thi…
 
In this episode, Paul discusses a recent court decision, Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). In this decision, the Court of Appeals of Indiana upheld a farm's use of the right-to-farm defense and the constitutionality of the right-to-farm law. Materials discussed in this episode: Goeringer, Paul. Court of A…
 
In this episode, Paul discusses a recent court decision, Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). In this decision, the Appellate Court of Illinois upholds a verdict providing a landlord with damages caused by a holdover farm tenant. This decision highlights what can happen when a tenant decides to ignore a no…
 
In this episode, Paul discusses a recent fact sheet that highlights the issues with sweat equity. Sweat equity can develop when family farms fail to take care of the issues early on with a succession plan. Materials discussed in this episode: Mason Grahame, Dale Johnson, Catherine Onumajuru, and Paul Goeringer. Valuing On-Farm Heir’s Sweat Equity I…
 
In this episode, Paul provides an update on a case involving Colorado winter wheat producers who requested actual production history yield exclusion in 2015 but the USDA Risk Management Agency denied the request. The case highlights when USDA potentially has to make new programs available to producers. Materials discussed in this episode: Ausmus v.…
 
In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland Department of Agriculture recently announced the final regulations for the pilot hemp research program and is accepting applications for the program. Materials discussed in this episode: Goeringer, Paul. Pilot Industrial Hemp Program…
 
In this episode, Paul discusses the 2019 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation. Materials discussed in this episo…
 
In this episode, Paul discusses the current situation for the production of industrial hemp after the passage of the 2018 Farm Bill Industrial hemp was decriminalized in the 2018 Farm Bill, but current commercial production is still not legal till USDA approves individual state production plans. Production under pilot research programs is still leg…
 
In this episode, Paul discusses a recent guest post he contributed to the Maryland Grows Blog. Materials discussed in this episode: Goeringer, Paul. Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors, Maryland Grows Blog (Nov. 30, 2018). If you have questions for Paul con…
 
In this episode, Paul discusses the authority that Maryland counties will have in solar energy development based on the decision in Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC. Materials discussed in this episode: Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC, No. 1022, 2018 WL 4090873 (Md. Ct. Spec. App.…
 
In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2018. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Agricultural Biotechnology and Implications of the Syngenta Settlement (Aug. 22, 2018). Eligible Corn Growers and L…
 
In this episode, Paul provides an update on Food & Water Watch v. Dep’t of Agric., No. 17-1714. Recently the federal district court in D.C. found that the environmental groups have standing and the case is not moot. Paul explains all that and next steps in the case. . Materials discussed in this episode: Buffalo River Watershed Alliance v. USDA, No…
 
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