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Ninth Circuit Upholds Decision to Vacate General CWA Permit

On February 11, 2021, the Ninth Circuit Court of Appeals affirmed a lower court opinion finding that a nationwide Clean Water...

Livestock Dealer Trust: Payment Protection for Sellers

On December 21, 2020, the Consolidated Appropriations Act (“CAA”) passed both houses of Congress and was later signed into law on...

Building Blocks: Basics of CSP

Often referred to as the largest conservation program by acreage in the United States, the Conservation Stewardship Program (“CSP”) implemented by...

States, Environmental Groups Challenge EPA Over Sulfoxaflor

On December 7, 2020, eleven states filed a brief with the Ninth Circuit Court of Appeals, opposing a request from the...

Coronavirus Food Assistance Program (CFAP) Additional Assistance: Structure and Status

In response to the economic crisis caused by the COVID-19 pandemic, Congress passed a stimulus relief bill known as the Coronavirus...

Pressing Pause: EPA Asks DOJ to Seek Stays of Litigation

On January 21, 2021, the Environmental Protection Agency (“EPA”) sent a letter to the Department of Justice (“DOJ”) requesting stays for...

Legal Checkup on Checkoffs: Beef Checkoff Basics

Introduction The previous article in this Legal Checkup on Checkoff series, What is a Checkoff?, provided a basic overview of federal...

Industrial Hemp Regulations Finalized

On January 15, 2021, the Agricultural Marketing Service (AMS) released the final rule for industrial hemp production pursuant to the Agriculture...

Aid to Agriculture: Overview of the Recent Stimulus Package

On December 21, 2020, the Consolidated Appropriations Act, 2021 (“CAA”) passed both houses of Congress and was later signed into law...

Overview of Trump Administration’s Environmental “Midnight Regulations”

As the United States prepares to switch from one presidential administration to the next, the out-going Trump Administration is working to...

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What is a Checkoff?

Legal Checkup on Checkoffs:  What is a “Checkoff”? This blog post is the first part of a “Legal Checkup on Checkoffs”...

Lending for Livestock, Credit for Crops: Purchase-Money Security Interests

Many agricultural producers borrow money to successfully run their operations. Typically, the lender requires the borrower to give a security interest...

Making Waves: EPA Issues Draft of Proposed Guidance for “County of Maui” Case

On December 10, 2020, the Environmental Protection Agency (“EPA”) published a draft guidance in the Federal Register clarifying how the agency...

Truth in Labeling Laws(uits) – Update

The past calendar year has seen several developments in state laws governing the words or phrases that can be used to...

Lending for Livestock, Credit for Crops: An Overview of Priority

Many agricultural producers borrow money to successfully run their operations. Typically, the lender requires the borrower to give a security interest...

Registration Review: EPA Finds Endangered Species May Be Harmed By Glyphosate

In November, 2020, the Environmental Protection Agency (“EPA”) released a draft Biological Evaluation (“BE”) assessing the risks posed to species listed...

Lending for Livestock, Credit for Crops: Filing a Financing Statement

For many farmers and ranchers, it is often necessary to borrow large amounts of capital and incur considerable debts in order...

4th Circuit Rules on North Carolina Right to Farm Litigation

The 4th Circuit Court of Appeals released their opinion on the appeal from Murphy-Brown, LLC, a subsidiary of Smithfield Foods, affirming...

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The Deal With Dicamba: Lawsuit Challenges Registration, EPA Changes FIFRA Policy

In late October, 2020, the Environmental Protection Agency (“EPA”) announced that it had renewed the Federal Insecticide, Fungicide and Rodenticide Act...

Lending for Livestock, Credit for Crops: Perfecting the Security Interest

Borrowing large amounts of capital and incurring considerable debts in order to produce an agricultural commodity is necessary farmers and ranchers...