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On December 10, 2020, the Environmental Protection Agency (“EPA”) published a draft guidance in the Federal Register clarifying how the agency...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

Pesticide Litigation: Chlorpyrifos Under Fire

Two lawsuits have recently been filed in California state courts against Corteva Inc. (“Corteva”), the corporation which manufactures the pesticide chlorpyrifos....

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The Deal With Dicamba: EPA Approves Dicamba Pesticides for 2021 and Beyond

On October 27, 2020 the Environmental Protection Agency (“EPA”) announced that it had approved three dicamba-based pesticides for over-the-top use on...

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

Agricultural producers typically utilize financing from lenders to fund their farming operation. Ordinarily, the lender loaning money will require the farmer...

Stuck in the Swamp? Overview of the Minimal Effect Exemption Under Swampbuster

The Food Security Act of 1985 (“1985 Farm Bill”) established the Highly Erodible Lands and Wetlands Conservation program that relates to...

Water Rights Dispute: Public Trust Doctrine in Front of NV Supreme Court

On September 17, 2020, the Nevada Supreme Court issued an opinion answering two questions posed to it by the United States...

Lending for Livestock, Credit for Crops: The Basics of Secured Transactions in Agriculture

Agricultural producers typically utilize financing from lenders to fund their farming operation. The USDA projects farm sector debt will be over...

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Rule Change Alters Farm Service Agency Programs Eligibility and Payment Limits

By Drew Mitchell, Research Fellow, National Agricultural Law Center With the release of a new final rule, the Payment Limitation and...

Deconstructing the CWA: What is a TMDL?

One of the key tools employed by the Clean Water Act (“CWA”) to help meet the statute’s goal of reducing pollution...

Bankruptcy on the Farm: A Look at the Chapter 12 Option

Financial conditions during the past few years have been harsh for agricultural producers. Low commodity prices and extreme weather conditions have...

Stuck in the Swamp? A Look At Prior-Converted Croplands Under Swampbuster

“Swampbuster” is the name often used to refer to the section of the Highly Erodible Lands and Wetlands Conservation provisions of...

Murky Tides: EPA Sued for Chesapeake Bay Cleanup Violations

Two lawsuits have been filed against the Environmental Protect Agency (“EPA”) over the agency’s handling of the Chesapeake Bay cleanup. The...