Agricultural Law Update
Archives
Published here are archive issues of the Agricultural Law Update, the monthly newsletter of the American Agricultural Law Association. The Update features in-depth articles on important developments in agricultural law covering subjects such as farm programs, agricultural labor law, bankruptcy, finance, taxation, farmland protection, congressional activity, international trade, environmental law, and other agricultural topics. In addition, the Update includes shorter articles on agriculture-related announcements and regulations in the Federal Register, state agricultural law developments and agricultural law job announcements. The issues are fully searchable using the Web site's Google search field or the Adobe Acrobat search feature for each issue.
The American Agricultural Law Association (AALA) is the only national professional organization focusing on the legal needs of the agricultural community. Crossing traditional barriers, it offers an independent forum for investigation of innovative and workable solutions to complex agricultural law problems. You may click on the AALA logo to access the AALA Web site.
The Update is a product of the American Agricultural Law Association and does not necessarily reflect the views of the National Agricultural Law Center or the U.S. Department of Agriculture.
Index
2007 Issues
2006 Issues
2005 Issues
2004 Issues
2003 Issues
2002 Issues
2001 Issues
2000 Issues
1999 Issues
1998 Issues
2007 Archive Issues
July, 2007
IRS Finally Requires Information Reporting for Commodity Certificate Gains
Neil E. Harl
Implementation of Grazing Rules for Federal Land Frozen
Roger McEowen
Massachusetts v. the Environmental Protection Agency: Standing to Challenge Lack of Regulation of Emissions of Greenhouse Gases
John Becker
Orderly Marketing of Ag Products in Ontario, Canada
Robert A. Wilson
June, 2007
Producer's Liens Follow the Money in California
Sharlene Roberts-Caudle
Irs Issues Proposed Regulations Concerning Shareholder Loans to S Corporations
Roger E. McEowen
Scope of Cooperative Antitrust Exemption
Roger E. McEowen
Federal Courts Disapprove APHIS Approval Procedures
Phill Jones
May, 2007
IRS Issues Proposed Regulations Providing Guidance on How Post-death Events Impact Taxable Estate Value
Roger E. McEowen
EPA's Advance Notice of Proposed Rulemaking Seeking Comments on Potential Revisions to Current Production Regulations Under FIFRA
Keith A. Matthews
Approaches to Zoning That Support and Protect Agriculture
Peggy Kirk Hall
April, 2007
What Farmers Should Know about Employing Migrant and Seasonal Workers
Elizabeth Haws Connally
Employer's Attempts to Verify Employee's Right to Work and Title VII
Roman F. Amaguin
Important Rulings to the Grape-Growing Industry
Roger E. McEowen
March, 2007
The 2007 Farm Bill–the Drafting Process and Provisions That Could Affect Your Clients
Phil Fraas
IRS Rules That Some Credit Union Activities Are Taxable
Roger A. McEowen
Practitioner Note on Estate Tax Liens
Anthony Schutz
February, 2007
Nebraska Corporate-farming Ban Unconstitutional: What Does "The Farm" Mean?
Anthony Schutz
Tolerance of Food Contamination in Europe
Andrew R. Apel
January, 2007
Summary of Selected Provisions in the Tax Relief and Health Care Act of 2006
Roger A. McEowen
IRS Notice on Self-employment Tax for CRP Payments
Neil E. Harl
Re: Act 38 of 2005: "A State Solution to Resolving Conflicts That Involve Agriculture, Communities and the Rural Environment"
John C. Becker
2006 Archive Issues
December, 2006
Goldilocks, the Three Bears and Transfer of Development Rights
Jesse J. Richardson, Jr.
Administrative and Legislative Developments in Administrative Law
Harrison M. Pittman
Louisiana's Catfish Statute and Cajun Statute Held Invalid
Emilie H. Liebovitch
Officer "Responsibly Connected" Under PACA
Amy K. Miller
Private Insurers; Failure to Exhaust Administrative Remedies Not Excused by Common Law Exceptions
Jeffrey A. Peterson
Poultry Contract Does Not Violate PSA and Is Not Fraudulent
Eric Pendergrass
November, 2006
Varying State Approaches to Confidentiality with Premises and Animal Identification Systems
Eric Pendergrass
Ninth Circuit Developments in Agricultural Law
Harrison M. Pittman
Property Designated for Agricultural Use and Home Equity Loans
Amber S. Brady
October, 2006
Farmland Protection
Jesse J. Richardson, Jr.
Regulation Through Litigation: CERCLA and CAFOs
Jim D. Bradbury
September, 2006
Conservation Easements: Smart Growth or Sprawl Promotion?
Jesse J. Richardson, Jr.
EPA Offers General Guidance to CAFO Operators Following Waterkeeper v. EPA
John C. Becker
Written Jury Questionnaires: Learn What Your Neighbors Might Not Be Telling You About CAFOs Without Poisoning the Jury Pool During Voir Dire
Vincent J. Holzhall
August, 2006
Biofuels: Policy and Business Organization Issues
Doug O'Brien
Pension Protection Act of 2006
Roger A. McEowen
July, 2006
State Nutrient Management Act Interpreted
John C. Becker
June, 2006
"Muddying the Jurisdictional Waters": U.S. Supreme Court Splits on Clean Water Act Jurisdiction over Wetlands
Martha L. Noble
May, 2006
The Area of Potential effect Under Regulations Promulgated by the American Council for Historic Preservation
Andrea J. Kirk
Tax Increase Prevention and the Reconciliation Act of 2005
Roger A. McEowen
April, 2006
World Trade Organization and the Commodity Title of the Next Farm Bill
Doug O'Brien
March, 2006
New Medicaid Rules Will Impact Estate Planning for Long-Term Health Care
Roger A. McEowen
Orff v. US: A Weapon Against the Protection of Prior Appropriation Rights
Andrea Kirk
National Raw Milk and Cheese Survey Results
John A. Beers
February, 2006
Are You a Debt Relief Agency? You Might Be Surprised and You Should Be Concerned
Susan A. Schneider
The Dilemma of Isolated Wetlands Since SWANCC
Andrea J. Kirk
State Law Claims Not Preempted by Federal Crop Insurance Act
Robert P. Achenbach
Open Space Easements
Keith D. Hickman
January, 2006
Federal Court Strikes Down Nebraska Corporate Farming Law
Robert A. McEowen and Neil E. Harl
Fifth Circuit on Disaster Payments in Chapter 7
Susan A. Schneider
Federal Courts Rule for Farmers in Two SAA Challenges
Karen Krub
Iowa Enters into Consent Decree with Cargill on Packer Ownership and Grower Rights
Doug O'Brien
2005 Archive Issues
December, 2005
Conservation Reserve Program long-term policy
Martha L. Noble
Conservation easements for agricultural landowners
Roger A. McEowen
More on handling CSP payments
Neil E. Harl
November, 2005
Unresolved issues raised by the Tobacco Transition Payment Program (TTPP, also called the 'Tobacco Buyout')
Theodore A. Feitshans
September/October 2005
Tobacco quota buyout tax considerations
Guido van der Hoeven
Kelo: Setting the record straight, a proposal for reform
Roger E. McEowen
In defense of Kelo: one lawyer's take on takings
John H. Brechin
August, 2005
Right to farm issues in Pennsylvania: arriving at Act 38
Phyllia J. Marquitz
Bt10 slips into the stream of commerce
J. David Aiken
Energy Policy Act tax incentives
Neil E. Harl
July, 2005
Market concentration, horizontal consolidation, and vertical integration in hogs and cattle
Harrison M. Pittman
June, 2005
The Nebraska hog wars
J. David Aiken
Regulation of hydrologically-connected ground water in Nebraska
J. David Aiken
Peanut farmers' claims dismissed for lack of subject matter jurisdiction
Harrison M. Pittman
May, 2005
Supreme Court rules that beef check-off is government speech; but check-off litigation may not be over
Roger E. McEowen
Trade fight over Canadian hogs
Jeffrey A. Feirick
April, 2005
An Overview of United States Environmental Protection Agency air quality consent agreement for animal feeding operations
David L. Cook, et al.
GAO sees deficiences in efforts to guard agriculture from terrorism
Phillip B.C. Jones
Bankruptcy reform and family farmers
Susan A. Schneider
Recreational use statutes and E. coli contamination
Roger E. McEowen
March, 2005
Supreme Court considers preemptionof state law claims under FIFRA
Harrison M. Pittman
Key eminent domain case to be decided by U.S. Supreme Court
Roger A. McEowen
University of Arkansas School of Law launches new specialty journal on food law
February, 2005
National Organic Program final rule challenged as inconsistent with the Organic Foods
Guidance on new domestic production deduction
Neil E. Harl
CAFO water regulations invalidated
Barclay Rogers
Production Act of 1990
Joshua T. Crain
January, 2005
Proposed repeal of the federal estate tax – Is this a good idea for agriculture?
Roger A. McEowen and Neil E. Harl
Action for failure of insevticide to have distinctive odor, color or feel preempted by FIFRA
Joshua T. Crain
2004 Archive Issues
December, 2004
Farmers’ guide to GMO contracts
David Moeller
Top ten agricultural law cases of 2004
Farmer's Legal Action Group, Inc.
November, 2004
American Jobs Creation Act of 2004: a summary of selected provisions
Neil E. Harl and Roger A. McEowen
“Near miss” for USDA contractors under the Civil False Claims Act
John T. Boese
October, 2004
Tax-exempt financing and agriculture
Scott D. Wegner
New conditional waiver program in California’s Central Coast to regulate waste discharge for irrigated lands
Amy Lowenthal
Reporting income under “ledger” contracts
Neil E. Harl
September, 2004
Determining the proper “cramdown” rate of interest in agricultural bankruptcies post-Till v. SCS Credit Corp.
Harrison M. Pittman
Milk handlers’ and producer’s claims dismissed
Gaby R. Jabbour
Packaging chicken pelts considered secondary agriculture under FLSA
Gaby R. Jabbour
Bank’s security interest in government payments not perfected
Joshua T. Crain
Purchasers acquire title to land by adverse possession
Gaby R. Jabbour
August, 2004
Problem of buyer-power (monopsony) in agricultural markets
Roger A. McEowen
Right to farm law in California
Stephen V. Lopardo
Vermont’s revised right to farm law
Michael O. Duane
Cooperative member not allowed to defer value-added payments
Gaby R. Jabbour
July, 2004
Conservation Security Program Interim Final Rule: a truncated green payments program for FY04
needs future improvements - Martha L. Noble
Exhaustion of administrative remedies as jurisdictional requirement not mandated
Harrison M. Pittman
Meaning of “active business” for purposes of divisive reorganizations
Neil E. Harl
Insurance companies fail to exhaust administrative remedies
Harrison M. Pittman
June, 2004
No deferral where payment received by agent (payments constructively received)
Neil E. Harl
Iowa’s right to farm law declared unconstitutional
Barclay Rogers
Alternatives to right to farm law protection
Jeffrey A. Mollet
Interim phosphorus management policy for nutrient management plans in Pennsylvania
Douglas Beegle et al.
May, 2004
The constitutionality of corporate farming laws in the Eighth Circuit
Harrison M. Pittman
Court issues preliminary injunction enjoining USDA action on mad cow disease
Harrison M. Pittman
Court considers dischargeability of patent infringement judgment
Harrison M. Pittman
April, 2004
Drafting conservation easements for agriculture
Judy Anderson and Jerry Cosgrove
Farm program payments exempt as “public assistance benefits”
Harrison M. Pittman
March, 2004
Ag-environmental law: impact on ag-finance
Drew L. Kershen
Commentary on SARA Title III and its role in air quality litigation involving agriculture
L. E. Lanyon and J. C. Becker
U.S. agricultural lawyers participate in CEDR Congress
Margaret Rosso Grossman
Manufacturers not joint employers with farm labor contractors
Amy Lowenthal
February, 2004
Insurance coverage for agricultural environmental claims
Todd J. Janzen
Judgments for willful seed patent infringement deemed non-dischargeable
Michael H. Pinkerton
Country of origin labeling: update and overview
Phyllis J. Marquitz
Chapter 12 sunsets, caught in political battle
Susan A. Schneider
Arbitration agreement lacks mutuality of obligation
Harrison M. Pittman
Jury verdict in favor of cattle ranchers
Susan A. Schneider
January, 2004
Legal issues in developing a national plan for animal identification
Michael T. Roberts, Harrison M. Pittman
Production contracting called into question: poultry integrator held to be operator of contract grocer facility
Barclay Rogers
2003 Archive Issues
December, 2003
State legislative activity on GMOs
David R. Moeller
Novel settlement: a new trend?
Raymond T. Reott
D.C. Circuit vacates EPA directive issued in press release
Gaby R. Jabbour
Are you liable for overtime pay?
Jeffrey A. Mollet
Debtor lacked intent to harm lender
John D. Mead
Providing credit – risk or reward?
Jeffrey A. Mollet
Valuation and assessment of farmland property
Jeffrey A. Mollet
November, 2003
Wind energy production – legal issues and related concerns for landowners
Roger A. McEowen
Appropriate jurisdiction for wetlands litigation
Theodore A. (Ted) Feitshans
Producer failed to preserve trust benefits under PACA
John D. Mead
October, 2003
The EU’s traceability and labeling and food and feed proposals for products of transgenic origin
Mark Mansour and Sarah Key
Class action for anti-trust and tort claims relating to transgenic crops
Drew L. Kershen
Farmer building farmworker housing exempted from county housing code
Randal Busby
BAP affirms that party with right of first refusal must receive notice of sale
Gaby R. Jabbour
September, 2003
South Dakota Amendment E ruled unconstitutional – is there a future for legislative involvement in shaping the structure of agriculture?
Rogert A. McEowen and Neil E. Harl
California table grape advertising assessment violates First Amendment
Lynn Cox
Cattle grazing an integral part of swine production
Gaby R. Jabbour
Mushroom waste ruled point source pollution under Clean Water Act
Harrison M. Pittman
August, 2003
Eighth Circuit rules against beef check-off
Anne Hazlett
Court of Federal Claims lacks jurisdiction over boll weevil eradication foundation
Gaby R. Jabbour
Debtors not engaged in farming operation at confirmation eligible for Chapter 12
Gaby R. Jabbour
Court affirms tools of trade exemption for wife
Randal Busby
July, 2003
Ecological assets: commodities and programs in the environmental bank and trade system
Steve Melin
Present interests for gift tax purposes
John C. Becker
Retroactive application of right to farm law denied
Sean Brister
June, 2003
Overview of modalities text
William A. Gillon
Montana court halts timber sale until TMDL established
Anne Hazlett
State law and regulations not preempted by Swampbuster
Gaby R. Jabbour
May, 2003
Commodity promotion update: “got milk?”® campaign survives
Anne Hazlett
Decision requiring payments on shared appreciation agreements affirmed
Harrison M. Pittman
Pre-revised Article 9 security agreement not effective
Brandy R. Brown
Pork contractor’s control over feedlot sufficient to deny motion to dismiss
Harrison M. Pittman
April, 2003
Commodity promotion update: district courts resolve challenges to apple, milk advertising checkoff-campaign
Anne Hazlett
State law claims not completely preempted by Federal Crop Insurance Act
Sean Brister
USDA denied right of setoff in Chapter 12 case
Jay Kiiha
March, 2003
Ninth Circuit decision poses new hurdles to pesticide applications
Anne Hazlett
Agricultural storm water discharges
Terence J. Centner
Crop insurers required to exhaust administrative remedies
Patricia Farnese
Fraud found in connection with marketing of hedge-to-arrive contracts in Ohio
David C. Barrett, Jr.
Cash rent not income from farming operation
Sean Brister
February, 2003
District court rules Iowa ban on packer ownership of livestock unconstitutional
Anne Hazlett
Creditor must prove farm equipment delivered to debtor
Brian J. Oakey
Farmer held not liable for irrigation runoff
John D. Mead
January, 2003
Everything you need to know about the Constitution you can learn in agricultural law: federalism and Commerce from amber waves of grain to migrating bald eagles.
John C. Eastman
General description of collateral adequate under Revised Article 9
E. John Edwards, III
PACA reparation award affirmed
E. John Edwards, III
2002 Archive Issues
December, 2002
Supreme Court tie upholds fines against farmer for plowing wetlands
Anne Hazlett
Congress extends Chapter 12 bankruptcy
Susan A. Schneider
Debt excepted from bankruptcy for farmer making false financial statements
Jay Kiiha
Insurance policy application ruled not part of policy
Brandy L. Brown
November, 2002
Michigan District Court finds pork promotion program unconstitutional
Anne Hazlett
The new farm bill expands the availability of equitable relief for good faith violations of farm program rules
Philip L. Fraas
A tribute to a pioneer: Professor Harold (Hand) W. Hannah
Donald L. Uchtmann
October, 2002
Can farmers save Roundup Ready® beans for seed? McFarling and Trantham cases say “no”
Donald L. Uchtmann
Non-profit organization lacks standing to challenge classification and use of downed animals
Patricia Farnese
Summary judgment motion filed by crop insurance agency denied
Harrison M. Pittman
September, 2002
White House announces plan to further regulate genetically-modified crops
Anne Hazlett
Livestock farmers denied disaster relief
Harrison M. Pittman
It’s October 21st: do you know where your organic clients are regarding the new federal regulations?
Rich Schnell
Property valuation may be reduced by proximity to livestock operation
J. David Aiken
August, 2002
South Dakota judge finds beef promotion program unconstitutional
Anne Hazlett
Tyson Foods, Inc. liable for $891,660.00 in damages
Harrison M. Pittman
Eleventh Circuit rules that rainfall removed by pumping is a “stormwater discharge” under Clean Water Act
Harrison M. Pittman
July, 2002
Appellate court upholds EPA authority to set limits on water pollution from agricultural sources
Anne Hazlett
D.C. Circuit rules USDA violated 1985 Food Security Act and APA procedures in implementation of sugar program
Harrison M. Pittman
Farmer’s conviction for falsifying FSA loan applications and bribery reversed by Fifth Circuit
Harrison M. Pittman
June, 2002
Managing agricultural risks after StarlinkTM: the role of injunctions and contrcts in containing biotech crop risks
Thomas P. Redick and John T. Walsh
Security interest in farm equipment remains perfected despite erroneous termination of financing statement
Harrison M. Pittman
May, 2002
Resolving the future of farm policy: six-year farm bill signed
Anne Hazlett
Ninth circuit rules that factoring agreements do not per se breach PACA trust
Jeffrey A. Feirick
“Business Manager Agreement” between bank and produce dealer found to violate PACA trust
Eduardo Gabriel Arana
April, 2002
Summary of selected provisions of the Job Creation and Worker Assistance Act of 2002
Philip E. Harris
State place of origin labeling requirements for agricultural products
David P. Clairborne
March, 2002
Notes on the USDA Wildlife Habitat Incentives Program (WHIP)
Ada Popescu
New Conservation Reserve Program good faith reliance and excessive rainfall rules
Ada Popescu
Ninth Circuit dismisses suit challenging Agricultural Marketing Agreement Act producer-handler exemption
Harrison M. Pittman
Animal Welfare
Terence J. Centner
February, 2002
FCIC’s Standard Reinsurance Agreement
Scott Fancher
Antibiotics and resistant bacteria
Terence J. Centner
Seventh Circuit stays USDA’s immediate and indefinite suspension of PACA dealer’s license
Monica M. Clark
Battles and skirmishes in the biotech patent arena
Phillip B.C. Jones
January, 2002
Supreme Court holds utility patents may be issued for plants
Anne Hazlett
Fifth Circuit rules USDA without authority to shut down Texas packing plant for salmonella contamination
Anne Hazlett
Forum selection clause in Monsanto technology agreement ruled enforceable
Beth Crocker
2001 Archive Issues
December, 2001
Attorney fee awards under the Equal Access To Justice Act
Christopher R. Kelley
Fifth Circuit rules Federal Crop Insurance Act does not preempt state law claims against crop insurance agents
Christopher R. Kelley
GAO reviews effect of increased payment limits for 1999 and 2000 marketing assistance loan program payments
Christopher R. Kelley
November, 2001
Cooperatives in the 21st century
James B. Dean and Ryan M. Stern
UCC Revised Article 9: farmers affected by new deposit accounts provisions
David R. Moeller
New York Court of Appeals decides farmworker housing case, reversing lower courts in favor of on-farm housing
John F. Rusnica
October, 2001
House of Representatives passes 10-year farm bill
Anne Hazlett
September, 2001
Using a Limited Liability Company to operate a Pennsylvania family farm business
Jeff Freirick
“Producer-handler” status under milk marketing orders denied to handler who entered into lease agreement with producer
Christopher R. Kelley
GAO questions USDA’s integrated pest management implementation claims
Christopher R. Kelley
Pennsylvania Supreme Court rules on whether mushroom harvesters are argricultural workers
John C. Becker
August, 2001
TMDLs: Are they dead letters?
Barclay Rogers and Anne Hazlett
Shared appreciation litigation update
Susan A. Schneider
History of Chapter 12 bankruptcy: on again, off again
Susan A. Schneider
State GMO restrictions and the dormant commerce clause
David R. Moeller
July, 2001
U.S. farm policy: are new approaches needed?
Dr. M. C. Hallberg
Supreme Court grants landowners further protection against environmental regulation
Anne Hazlett
U.S., Canada face biotech wheat showdown
Tracy Sayler
June, 2001
Economic Growth And Tax Relief Reconciliation Act of 2001, H.R. 1836: summary of selected provisions
Roger A. McEowen
U.S. Supreme Court strikes down mushroom promotion assessments; fate of other commodity promotion assessments unclear
Philip L. Fraas
“Non-African American farmers” suit dismissed
Christopher R. Kelley
May, 2001
Notes on the Capper-Volstead Act of 1922
Christopher R. Kelley
Eligibility requirements for individuals: FSA direct loan programs
Susan A. Schneider
Court of Federal Claims considers water right “takings” issue
Joseph H. Hobson, Jr.
Farm income, farm program payments
Christopher R. Kelley
April, 2001
Environmental regulation in Ghana
Irene S. Egyir and Theodore A. Feitshans
District Court affirms shared appreciation obligation
Susan A. Schneider
Public nuisance action against sugar cane producers
Christopher R. Kelley
Oklahoma Attorney General issues opinion on poultry production contracts
Christopher R. Kelley
March, 2001
Important biotech cases involve patentability of plants and licensing of technology
Roger A. McEowen
Interpreting statutory grants of immunity from liability - Central Green Co. v. U.S.
John C. Becker
Gene Technology in the land down under
Tracy Sayler
United States Supreme Court rules that Banks for Cooperatives are subject to state income taxation
Christopher R. Kelley
Classifying producers in today’s agricultural economy
John C. Becker
February, 2001
An introduction to federal marketing orders for fruits, vegetables, nuts, and specialty crops
Christopher R. Kelley
The Producer Protection Act – will it protect producers? A rejoinder
Neil E. Harl and William Heffernan
Second Circuit denied payment of attorney’s fess from PACA trust proceeds
Christopher R. Kelley
New administrative equitable relief authority for USDA conservation contracts
Christopher R. Kelley
January, 2001
The Producer Protection Act – will it protect producers?
Michael Boehlje, et al.
Biotechnology policy in Ireland – an example to Europe?
Shane Morris, et al.
Eighth Circuit reverses tax court on self-employment tax on rental income
Philip E. Harris
The EPA’s proposed regulations for animal feeding operations
Terence J. Centner
2000 Archive Issues
December, 2000
The basics of federal farm program payment limitation and eligibility law
Christopher R. Kelley
District court interprets federal crop insurance arbitration clause
Christopher R. Kelley
November, 2000
New water quality regulations raise questions about EPA influence over agricultural practices
Anne Hazlett and Barclay R. Rogers
County feedlot regulations invalidated
J. David Aiken
Nebraska Supreme Court enforces hedge-to-arrive contracts
J. David Aiken
October, 2000
District Court rules non-point sources are included in listing of impaired waterways, calculation of total maximum daily loads
Anne Hazlett and Barclay R. Rogers
Three GAO reports
Christopher R. Kelley
Pennsylvania’s experiences with conservation easements
Timothy W. Kelsey and Stanford M. Lembeck
September, 2000
The Agricultural Risk Protection Act of 2000: the Non-Insured Crop Disaster Assistance Programs and the domestic commodity and other farm programs
Christopher R. Kelley
Purchase of conservation easements program in Pennsylvania, part 1: history and participants’ experience
Timothy W. Kelsey and Stanford M. Lembeck
EPA announces proposed rule changes for animal feeding operations
Scott Fancher
August, 2000
Crop share rental arrangements and sample lease
Paul A. Meints
Denial of payments to cotton exporter upheld
Christopher R. Kelley
Minnesota amends its agricultural contracts statute
Christopher R. Kelley
D.C. Circuit rules meat inspectors must “inspect” meat, not “observe” it
Christopher R. Kelley
July, 2000
The Agricultural Risk Protection Act of 2000: federal crop insurance
Christopher R. Kelley
Federal Circuit affirms dismissal of claims against FGIS
Christopher R. Kelley
June, 2000
New Generation farmer cooperatives
Christopher R. Kelley
Agricultural legal research on the Internet
Jeff Feirick
Nebraska Supreme Court rules in Progress Pig case
J. David Aiken
May, 2000
Regulating foods derived from genetically engineered crops
Donald L. Uchtmann
Supreme Court denies Chevron deference to statutory interpretations in agency opinion letters and similar formats
Christopher R. Kelley
Risks in asking for adequate assurance of performance
David C. Barrett, Jr.
April, 2000
Immigration and Naturalization Service enforcement issues
Jeffrey A. Feirick and Anthony D. Kanagy
Fourth Circuit addresses USDA statutory exhaustion requirement
Christopher R. Kelley
Eighth Circuit denies retroactive effect to “90-day rule”
Christopher R. Kelley
Federal district court upholds “farmed wetland pasture” determination
Christopher R. Kelley
March, 2000
Understanding H-2A
Jeffrey A. Feirick
Liability for damages caused by fire started by defective combine engine
Roger A. McEowen
Ninth Circuit rejects “ability to pay” and Eighth Amendment challenges to marketing order penalties
Christopher R. Kelley
Payment limit effectively removed from marketing assistance loan gains
Christopher R. Kelley
February, 2000
Status of regional dairy compacts
Ken Bailey
Seventh Circuit upholds “Swampbuster’s” application to isolated, intrastate wetlands
Christopher R. Kelley
Farmers misled by FSA appeal letter
Susan A. Schneider
GM product labeling caters food for thought
Phillip B.C. Jones
January, 2000
Cooperative stock and the federal securities acts: defining a “security”
Christopher R. Kelley
Eighth Circuit rules cooperative equities held by inactive members are not “securities”
Christopher R. Kelley
San Joaquin Agricultural Law Review bibliography
Drew L. Kershen
1999 Archive Issues
December, 1999
The legal effects of federal agency pronouncements
Christopher R. Kelley
Eighth Circuit rules on hedge-to-arrive contracts
Christopher R. Kelley
Cotenants claiming by adverse possession
Roger A. McEowen
November, 1999
Notes on the judicial review of federal agency action
Christopher R. Kelley
There’s no free lunch
John D. Copeland
Eighth Circuit denies Bivens claim against FSA agents and employees
Christopher R. Kelley
NFO contracts held unenforceable
Matthew A. LaBuhn
October, 1999
Income averaging for farmers
Philip E. Harris
Milk marketing order reform enjoined
Christopher R. Kelley
Limited liability company dissolution
Roger A. McEowen
September, 1999
Trespassing livestock and murder convictions: could a deficient fence lead to a prison term for a livestock owner?
Roger A. McEowen
Clarifying the Washington State Right to Farm Act
Jeff Feirick
Almond marketing order advertising assessments do not violate First Amendment
Thomas P. Guarino
Condemnation of Agricultural Security Area farmland
Jeff Feirick
August, 1999
Notes on African American farmers
Christopher R. Kelley
Published comments by Glickman on the future of agriculture
Paul A. Meints
Draft Guidance Manual for CAFOs available for public comment
Theodore A. Feitshans
Upholding the New York Right to Farm Law
Jeff Feirick
July, 1999
EPA’s Livestock Strategy in the context of state programs and judicial decisions
Theodore A. Feitshans and Brandon A. King
Federal regulation of AFOs: the meaning of discharge
Terence J. Centner
Federal court finds that CFTC cannot force newsletter publishers to register as commodity trading advisors
David C. Barrett, Jr.
June, 1999
An introduction to agricultural labor law under the Fair Labor Standards Act
Susan A. Schneider
Civil actions under Colorado’s Wage Claim Act
James B. Dean
Ditches and wetlands and Swampbuster: the Eighth Circuit draws distinctions
Christopher R. Kelley
Trade negotiations coming again soon
Philip L. Paarlberg
May, 1999
The Biosafety Protocol and the Cartagena Negotiations
Drew L. Kershen
Federal regulation of concentrated animal feeding operations
Terence J. Centner
“Hot seed” and the “law of the cotton belt”: federal circuit rules on passive third-party transfer or liability under the Plant Variety Protection Act
Christopher R. Kelley
Deferral program for FSA shared appreciation agreements
Susan A. Schneider
April, 1999
Minimum interest rates and installment sales of farmland among family members – what is a fair market rate of interest for gift tax purposes?
Roger A. McEowen
D.C. Circuit rules on District Court jurisdiction over USDA NAD appeals
Christopher R. Kelley
Report on the Unified National Strategy for Animal Feeding Operations
Terence J. Centner
March, 1999
Agricultural environmental management in New York
Ruth A. Moore
Nebraska Supreme Court interprets U.C.C. Article 9-306(2)
Drew L. Kershen
Family limited partnerships – present interest issues
Paul A. Meints
U.S. Appeals Court rules against USDA in Bird Grain case
Randall C. Gordon
A proposal to expand qualification under recreational use statutes
Terence J. Centner
February, 1999
Critical questions about the farm crisis: causes and remedies
Otto Doering and Phil Paarlberg
Clean Water and concentrated animal feeding operations (CAFOs)
Drew L. Kershen
January, 1999
The agricultural provisions of the 1999 Omnibus Appropriations Bill
Karen R. Krub
USDA Judicial Officer rules on GIPSA complaint against IBP under the Packers and Stockyards Act
Christopher R. Kelley
North Carolina Supreme Court modifies premises liability
Theodore A. Feitshans
1998 Archive Issues
(Note: January and July through December 1998 issues are not currently available in electronic form)
June, 1998
Recent developments in estate and tax planning
Roger E. McEowen
Chloroplast transformation: biological containment for transgenes
Pat Traynor
USDA Judicial Officer announces new PACA policies
Christopher R. Kelley
Failure to exhaust administrative remedies bars action against FCIC
Christopher R. Kelley
May, 1998
FSA Emergency Loans and FSA Disaster Set-Aside
Stephen Carpenter
FSA “stonewalling” of NAD appeal decision condemned
James T. Massey
Government prevails in bankruptcy setoff case
Susan A. Schneider
April, 1998
Beware the bold print: livestock insurance coverage issues
John D. Copeland
Iowa Supreme Court significantly weakens county home rule power in hog confinement case
Roger A. McEowen
Citizen suits: reform needed
John D. Copeland
March, 1998
The SPS Agreement and international organizations
Terence P. Stewart and David S. Johanson
Interaction of civil and criminal penalties for farm program violations
Christopher R. Kelley
February, 1998
State agricultural pesticide disposal programs
Terence J. Centner
Wetlands case granted retrial
Roger E. McEowen
Fifth Circuit upholds USDA Inspector General subpoenas
Christopher R. Kelley