In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2023.  This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: Lashmet, Tiffany. General WOTUS Coverage.Goeringer, Paul. Supreme Court Upholds Dismissal of Prop 12 Suit. (May 24, 2023).Georinger, Paul, and Elizabeth Thilmany. “Do We Have Enough DEA-Registered Labs to Implement Hemp Program?” Southern Ag Today 3(45.5). November 10, 2023 .USDA, Transparency in Poultry Grower Contracting and Tournaments (2023). 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@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue.  Materials discussed: Concerned Citizens of West Tennessee v. USDA, No. 1:22-cv-01275 (W.D. Tenn. December 12, 2022). Goeringer, Paul, Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan Guarantees (Feb. 21, 2023).Goeringer, Paul, Group Does Not Have Standing to Challenge USDA Loan Guarantee for Poultry Farm (July 6, 2021). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue.  Materials discussed: Goeringer, Paul, Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022). Bader Farms v. BASF Corp., 39 F.4th 954 (8th Cir. 2022) reh'g denied sub nom. Hahn v. Monsanto Co., No. 20-3663, 2022 WL 3698378 (8th Cir. Aug. 26, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent decision in a motion to dismiss filed by Perdue Farmers in an action by a former grower claiming the grower is an employee, not an independent contractor.  Materials discussed: Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022).Goeringer, Paul, Federal District Court Denies Some Arguments to Dismiss Claims Against Perdue Farms (Feb. 9, 2023). Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES. Parker v. Perdue Farms, Inc, No. 5:22-CV-00268-TES, 2022 WL 17553008 (M.D. Ga. Dec. 9, 2022) Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541. Quick LinksGet Embed PlayerShare on SocialDownload Audio File

In this episode, Paul discusses a decision out of Wisconsin highlighting how appeals can be handled negligent nutrient application decision.  Materials discussed: Goeringer, Paul, Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications (Oct. 4, 2022). Preisler v. Kuettel's Septic Service, LLC, 2022 WL 2817287, No. 2020AP1608 (Wis.App., July 19, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent complaint filed by a former Perdue grower claiming the grower is an employee, not an independent contractor.  Materials discussed: Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022).Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (Sept. 13, 2022).MD Risk Management Podcast, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (June 1, 2022). Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES. Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2022.  This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: Lashmet, Tiffany. Understanding & Evaluating Carbon Contracts (Jan. 24, 2022).Goeringer, Paul. Sequestering Carbon: What To Think About With Carbon Contracts. (Jan. 25, 2022).Lashmet, Tiffany. WOTUS Update: Another year, another definition (Feb. 7, 2022).Lashmet, Tiffany. Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions (April 18, 2022).Goeringer, Paul. Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022).What's That Smell? Online Course, register here for the course and to learn more details. 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@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent Maryland decision that highlights when new structures are allowed on property under conservation easement.  Materials discussed: Goeringer, Paul, Interpreting Conservation Easements and When New Structures are Allowed (June 21, 2022). Roxbury View, LLC v. McCauley, No. 235, Sept. Term, 2021, 2022 WL 1091684 (Md. Ct. Spec. App. Apr. 12, 2022).. Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

n this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, Recent Wind Farm Decision Highlights Difference in State Processes (May 31, 2022).Dan's Mountain WindForce, LLC v. Shaw, No. 1238, 2022 WL 1115005 (Md. Ct. Spec. App. Apr. 14, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (May 10, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property.  Materials discussed: Goeringer, Paul, When Estate Planning Goes Wrong: Why Might a Receivership Be Required? (Feb. 15, 2022). Seid v. Seid, 967 N.W.2d 253 (Neb. 2021). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established.  Materials discussed: Goeringer, Paul, Understanding What an Easement by Necessity Is and When One Is Created (March 29, 2022). Gunfeld Coal Co. v. Carey, No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here.  If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms.  Materials discussed: Goeringer, Paul, Sequestering Carbon: What To Think About With Carbon Contracts (Jan. 25, 2022).Lashmet, Tiffany, Understanding & Evaluating Carbon Contracts, Texas A&M University (Jan. 24, 2022).University of Maryland, Growing Carbon Credits: Should Maryland Farmers Open a Carbon Banking Account? (Nov. 19, 2021 and features Dr. Shannon Ferrell and Josh Maxwell). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law. Materials discussed in this episode: Goeringer, Paul. North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law (Jan. 6, 2022). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021.  This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Lashmet, Tiffany. Waters of the United States Update (Sept. 21, 2021).Carbon Contracts Video (2021).Lashmet, Tiffany. Ag Law in the Field: Beth Rumley (Animal Confinement Statutes (Nov. 11, 2021).Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021).Lashmet, Tiffany. SCOTUS Rules for Georgia in Water Dispute with Florida (April 12, 2021).Outlaw, J., B. Fischer, H. Bryant, J. Raulston, G. Knapek, and B. Herbst. Economic Impacts of the Sensible Taxation and Equity Promotion Act and the For the 99.5 Percent Act on AFPC’s Representative Farms and Ranches (AFPC Research Report 21-01, 2021). 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@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho. Materials discussed in this episode: Goeringer, Paul. Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring (Sept. 28, 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021).R-CALF v. Vilsack, No. 20-35453, 2021 WL 3161201 (9th Cir. 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021).Huynh v. Blanchard, No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. July 30, 2021).Goeringer and Lynch. Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. (UME Sept. 2017). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation ProgramPenn State Center for Agricultural and Shale Law. 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 Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law. Penn State Solar Law Videos (2021) If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.