September Roundup

As September has ended, the staff at the National Agricultural Law Center continue to bring trusted research and information in agricultural and food law to stakeholders across the country. Outlined below are many of the new NALC resources from September 2023.

Webinars

• September 20 – Who Owns the Farm? Foreign Ownership Legislative Update

Blog Posts

• Federal Judge Decides Not to Halt Enforcement of Florida’s Foreign Ownership Law
• USDA Publishes Final Dairy Donation Program Rule
• Landowners Question Authority of Agency Adjudication
• USDA Provides Additional Round of Debt Relief Payments to “Distressed” Farm Borrowers
• Recent Federal and State Heat Safety Proposals
• Resources at a Glance: Foreign Ownership of Ag Land
• Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards

The Feed

• Volume 1, Issue 17
• Volume 1, Issue 18

NALC Outreach

• Harrison Pittman, NALC Director
  • Sept 12-13 – Spoke before the NASDA Annual Meeting about foreign ownership in Cheyenne, WY.
  • Sept 19 – Introduced NALC, its resources, possible engagement with Farm Credit Services attorneys, and a review of topical issues in ag including foreign ownership to Farm Credit Services Attorneys’ Conference in Houston, TX
  • Sept 27 – Testified before U.S. Senate Agricultural Committee about foreign ownership of agricultural land in Washington, D.C.
• Elizabeth Rumley, Senior Staff Attorney
  • Sept 12-13 – Spoke before the NASDA Annual Meeting about Prop 12 in Cheyenne, WY.
  • Sept 28 – Spoke before the Applied Animal Behavior and Welfare Multistate group about animal welfare at Carnall Hall, University of Arkansas, Fayetteville, AR
  • Sept 29 – Spoke at Poultry Science Symposium about ballot initiatives (Prop 12) at the Don Tyson Center for Agricultural Sciences, University of Arkansas, Fayetteville, AR
• Rusty Rumley, Senior Staff Attorney
  • Sept 12 – Agritourism Liability and Legal Risk Management webinar with Vermont Tourism Research Center
  • Sept 12-13 – Spoke before the NASDA Annual Meeting about solar and carbon leasing in Cheyenne, WY.
  • Sept 26 – Spoke to Policy and Resolutions Committee at Land O’Lakes about solar siting, CO² pipelines, and farmland preservation in urban areas.
• Micah Brown, Staff Attorney
  • Sept 14 – Testified at a hearing for the Agriculture Committee of the Nebraska Legislature
  • Sept 27 – Spoke to Mississippi Study Committee on Acquisition of Farmland by Foreign Governments in Jackson, MS
• Brigit Rollins, Staff Attorney
  • Sept 12-13 – Spoke before the NASDA Annual Meeting about WOTUS/Sackett decision in Cheyenne, WY.

NALC Media Mentions

• Sept 12 – Ashley County Ledger – Foreign Ownership Of Farmland Topic Of Webinar
• Sept 12 – Stuttgart Daily Leader – Foreign ownership of farmland: NALC webinar to discuss laws enacted in 2023
• Sept 15 – Omaha World-Herald – Nebraska lawmakers target steep growth in foreign investment in state’s ag land
• Sept 15 – Nebraska Examiner – Nebraska might push to clarify 1889 state law on foreign land ownership
• Sept 20 – Morning AgClips – Ag Law Center to Host Free Pesticides Webinar
• Sept 20 – RuralRadio.com – Nebraska might push to clarify 1889 state law on foreign land ownership
• Sept 20 – Inside U.S. Trade – Senate ag panel sets hearing on foreign ownership of farmland
• Sept 20 – U.S. Senate Committee on Agriculture, Nutrition, & Forestry Newsroom – Senators Stabenow, Boozman Announce Hearing on Foreign Ownership in U.S. Agriculture
• Sept 21 – Agri-Pulse – Daybreak Sept. 21: Senate Ag sets foreign farmland hearing
• Sept 22 – Tri-State Livestock News – Senate Ag to hold hearing on foreign agriculture ownership
• Sept 25 – Agri-Pulse – Daybreak Sept 25: USDA spending, sugar program targeted in House Ag bill
• Sept 27 – NTD News – Senate Agriculture Committee Hearing on ‘Foreign Ownership in U.S. Agriculture’
• Sept 28 – U.S. Senate Committee on Agriculture, Nutrition, & Forestry Newsroom – Ranking Member Boozman Welcomes Arkansan to Testify on Foreign Investment in U.S. Agriculture
• Sept 28 – Stuttgart Daily Leader – Arkansas’ unique law on foreign ownership of agricultural lands
• Sept 27 – The Fence Post – Senate Ag Committee wrestles with Chinese ownership of American farmland
• Sept 27 – Agri-Pulse – Sparse resources complicate monitoring of foreign land purchases, lawmakers told
• Sept 28 – Desoto County News – Foreign Purchase of Farmland Study Committee holds second meeting
• Sept 28 – Delta FarmPress/FarmProgress – EPA publishes updated Waters of the United States rule (NALC Senior Staff Attorney Rusty Rumley, author)
• Sept 28 – Magee News – Foreign Purchase of Farmland Study Committee Holds Second Meeting
• Sept 29 – Stuttgart Daily Leader – Foreign-owned acres of U.S. farmland may be underreported
• Sept 29 – Magnolia Reporter – Arkansas’ unique law on foreign ownership of agricultural lands
• Sept 29 – Daily Montanan – Foreign ownership of U.S. farmland probed at U.S. Senate hearing
• Sept 30 – Flathead Beacon – Foreign Ownership of U.S. Farmland Probed at U.S. Senate Hearing 
• Sept 30 – Newton County Times – Foreign-owned acres of U.S. farmland may be underreported

Work from our NALC Partners

Ohio State University Agricultural & Resource Law Program

Publications

• Farm Insurance:  Covering Your Assets
• Farm Liability Insurance: Examining Your Covered Activities and Assets
• “Structuring Your Farm Business” bulletin series
  • A Comparison of Business Entities Available to Ohio Farmers
  • Tax Characteristics of Business Entities Available to Ohio Farmers
  • Farm Service Agency Programs and Business Entities
  • Using Business Entities to Manage Farm Liability Risk
  • Using Multiple Business Entities for a Farm Operation
  • Starting, Organizing, and Managing an LLC for a Farm Business

Blog Posts

• Different Deeds Mean Different Things
• What is a Land Contract?
• Sale of Residence Has Special Tax Rules

Outreach

• Robert Moore – Discussed Farm Insurance three times over the course of the 3-day Farm Science Review, Ohio’s annual farm show with over 100,000 attendees

The Penn State Center for Agricultural and Shale Law

Presentations/Webinars:

• 9/7/23: Brook Duer, Large-Scale Solar Workshop, Panelist, Wayne County Municipal Officials webinar, Penn State Extension Solar Team.
• 9/13/23: Ross Pifer, Understanding Your Rights When Dealing with Animal Rights Activists, Pennsylvania Poultry Sales & Service Conference and Northeast Conference on Avian Diseases, State College, Pennsylvania.
• 9/14/23: Brook Duer, Legal Considerations for Retail Farmers Market, Small Business Development Center Ag Center of Excellence webinar.
• 9/20/23: Jackie Schweichler, Getting Started with Agritourism Law, Starting and Improving Farms Conference, Penn State Extension, State College, Pennsylvania.
• 9/22/23: Chloe Marie, Understanding the Basics of Pesticides, Understanding Agricultural Law Webinar Series, Penn State Center for Agricultural and Shale Law.

Publications

• Brook Duer & Paul Goeringer, HPAI in 2023: “Induced” Losses Leave a Gap in the Federal Indemnity Scheme, Southern Ag Today (September 8, 2023)
• Sarah Cornelisse, Claudia Schmidt, Jackie Schweichler, Agritourism Diversification: Considerations for Petting Zoos on the Farm, Penn State Extension (September 11, 2023)

Agricultural Law Weekly Review/ Shale Law Weekly Review:

• Agricultural Law Weekly Review – September 4, 2023
• Agricultural Law Weekly Review – September 11, 2023
• Agricultural Law Weekly Review – September 18, 2023
• Agricultural Law Weekly Review – September 25, 2023
• Shale Law Weekly Review – September 4, 2023
• Shale Law Weekly Review – September 11, 2023
• Shale Law Weekly Review – September 18, 2023
• Shale Law Weekly Review – September 25, 2023

Podcasts

• Agricultural Law Podcast #244: EPA Releases Draft Herbicide Strategy for Endangered Species Listings; Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision (September 11, 2023) (with Chloe Marie and Brook Duer)
• Agricultural Law Podcast #245: USDA Guaranteed Loan Debt Relief for Financially Distressed Borrowers; Maryland Supreme Court Nixes Air Emissions Inclusion in CAFO Permit (September 19, 2023) (with Chloe Marie and Brook Duer)
• Agricultural Law Podcast #246: EPA’s Revised WOTUS Rule Conforming to Sackett (September 25, 2023) (with Chloe Marie and Brook Duer)
• Farmland Energy Legal Podcast #156: An Introduction to Carbon Pricing Programs and Agriculture (Part 1) (September 5, 2023) (with Chloe Marie and Avery McLean)
• Farmland Energy Legal Podcast #157: An Introduction to Carbon Pricing Programs and Agriculture (Part 2) (September 12, 2023) (with Chloe Marie and Avery McLean)
• Farmland Energy Legal Podcast #158: An Introduction to Anaerobic Digestion (September 26, 2023) (with Chloe Marie and Kole Zellers)

YouTube videos

• Chloe Marie, Understanding the Basics of Pesticides (September 25, 2023)
• Chloe Marie, July 2023 Quarterly Dairy Legal Update – Industry Round Up (September 27, 2023)
• Brook Duer, Administrative Procedures of Federal Milk Marketing Orders (September 28, 2023)

Media Inquiries/Citations

• Jacqui Fatka, Alternative Meat Censorship Laws Under Fire, Agri-Pulse (September 13, 2023) (quoting Audry Thompson)
• Steve Davies, DOJ Sues Agri Stats for Data Sharing in Pork, Poultry Industries, Agri-Pulse (September 28, 2023) (linking to document on our Agricultural Antitrust Issue Tracker)