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Zoning, Planning & Land Use Agriculture

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

Solar Farms: Shining a Light on Zoning Requirements

by Miles & Stockbridge P.C. on

With anticipation and wonder many of us stood still for several moments on August 21, 2017 hoping to catch at least a glimpse of the much anticipated total eclipse of the sun. Whether you were fortunate to be in the area of...more

Victory in Zoning Appeal

by Clark Hill PLC on

The Wastenaw County Circuit Court overturned an adverse decision by the Webster Township Zoning Board of Appeals, determining that seasonal barn weddings are a permitted use in the Agricultural zoning classification. I...more

New Cases Provide Mixed Messages to Conservation Easement Donors

Fifth Circuit encourages flexibility for conservation easement deductions in Bosque Mountain Ranch, while Tax Court makes it difficult for farmers in Rutkoske. Two important conservation easement opinions were handed down...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

Specific Agricultural Interests Added to SGMA

by Best Best & Krieger LLP on

Farmers, ranchers and dairy professionals are now identified as being among the beneficial uses and users of groundwater whose interests must be considered under the Sustainable Groundwater Management Act. This is the result...more

Limited Time Remaining To Help Shape Maryland's Nutrient Trading Program

by Ballard Spahr LLP on

There are only a few weeks left for the public to comment on the Maryland Department of the Environment’s (MDE) recently issued draft regulations establishing Maryland’s Water Quality Nutrient and Sediment Trading and Offset...more

Timeline for Implementation of Pesticide Applicators Rule Lengthened by the EPA

by Varnum LLP on

On May 11, 2017, EPA Administrator Scott Pruitt announced a 12-month extension on the implementation of the revised final Certification and Training of Pesticide Applicators Rule. The extension is meant to provide states and...more

New California Groundwater Fees – Another Step Forward for SGMA

by Stoel Rives LLP on

California’s newer groundwater regulatory structure, the Sustainable Groundwater Management Act of 2014 (“SGMA”), was signed by Governor Edmund G. Brown Jr. on September 16, 2014. The State Water Resources Control Board...more

Town of Southold Expands Scope of Agricultural Use

by Farrell Fritz, P.C. on

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning Code as it relates to agricultural uses. Specifically, the local law amends and adds certain definitions to the Code...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

The Love/Hate Relationship Between Alcoholic Beverage and Cannabis Industries

by Garvey Schubert Barer on

Here at GSB, we work with those in the cannabis industry (like producers, processors, retailers and ancillary service providers) and those in the alcoholic beverage industry (like wineries, breweries, distilleries, hotels and...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Oregon Legislature Takes Up Cider Bill

For several decades in Oregon, production of alcoholic beverages has firmly occupied the shifting regulatory border between agricultural and commercial uses, the latter of which Oregon law discourages or prohibits on...more

Preserving Agricultural Land in Maryland – Reaping Rewards for Farmers

by Miles & Stockbridge P.C. on

While growth and development is inevitable in the name of progress, the State of Maryland and its more rural counties have made efforts to find some balance by providing incentives to farmers for preserving agricultural land...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

Old MacDonald Had a Farm. Wait, Maybe He Didn’t.

In March 2015, Katie and Chris Brewer bought 22 acres in Chapel Hill, Orange County – a rural, wooded spot – through an entity called Southeast Property Group, LLC. Among other things on their property, the Brewers intended...more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

by Holland & Knight LLP on

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

Hemp: Coming to a Farm Near You?

by Farrell Fritz, P.C. on

Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo at one of his State of the State addresses. The program, which commenced in 2016, was authorized pursuant...more

Senator Stabenow Introduces Urban Agriculture Act of 2016

by Varnum LLP on

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Less Is More?: New North Carolina Law Clarifies When Building Permits Are NOT Required

A new law took effect in North Carolina on October 1, 2016, and it affects the need for building permits. Session Law 2016-113, entitled An Act to Provide Further Relief to the Agricultural Community, clarifies in Section 13...more

Three Things You Need to Know About California’s New Surface Water Diversion Reporting Requirements

by Stoel Rives LLP on

On August 22, the State Water Resources Control Board (“State Water Board”) held an informational meeting to answer questions and get the public up to speed on California’s new surface water diversion reporting requirements....more

New Legislation in North Carolina Impacts the Agribusiness Industry

by Nexsen Pruet, PLLC on

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

China Releases Ambitious Plan to Address Soil Pollution

by Latham & Watkins LLP on

On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more

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