In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets...more
After deciding in a prior appeal in the same case that offsite agricultural conservation easements (ACEs) were not effective at reducing a project’s conversion of agricultural land, the Fifth Appellate District held that ACEs...more
Although colder weather makes spring construction seem far away, farmers and landowners would be wise to assess permitting and in-field environmental studies ahead of spring planting needs....more
What we grow and produce in America affects our air, water, climate, wildlife, public health, and more. The Farm Bill is likely the most significant environmental law Congress will address this year. This is the first of four...more
The U.S. Environmental Protection Agency (EPA) recently published a letter in response to a petition filed by several environmental groups requesting that EPA revise Clean Water Act (CWA) regulations for concentrated animal...more
The rise of foreign investment in the United States has renewed concern about tracking foreign inbound investment, as demonstrated by the passage of the Corporate Transparency Act and the expansion of CFIUS's purview with...more
Commonwealth and local officials recently announced that a new farm will soon begin operating in Northeastern Pennsylvania. A farming operation may not seem like front page news given Pennsylvania’s long and rich...more
The European Commission has revised its state aid rules for the agricultural, forestry and fishery/aquaculture sectors. The revisions relate to: ..the Agricultural Block Exemption Regulation (ABER); ..the Fishery...more
A landowner inherited a family timber tract located in Charleston County originally purchased by their grandfather as a timber investment property in 1936. Since that initial purchase, the family, through three (3)...more
As the cannabis industry grows and farms and farming operations expand, concerns around water use, wastewater discharge, land use and related nuisance issues, among others, rise as well. Our panel of industry experts and...more
On May 17, 2021, Vermont enacted Act 31 (H.89), an Act Relating to Limiting Liability for Agritourism. Governor Scott signed the bill into law just in time for visitors to make their way to the Green Mountain State for a...more
Indiana, like every other State, has adopted a Right to Farm Act to “reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a...more
Effective January 1, 2021, rollback taxes on real property converted from agricultural use to some other use will be imposed in the year of change in use and the three (3) preceding years. Prior law required rollback taxes...more
On April 15, 2020, Governor Tim Walz signed a bill extending the mediation period under the Minnesota Farmer-Lender Mediation Act. The Farmer-Lender Mediation Act is a statutorily required mediation process that must be...more
The U.S. Department of Agriculture’s (“USDA”) recent efforts to update the Farm Bill’s Title II conservation programs continued into the 2020 year. USDA has issued since early December a number of interim final rules to...more
This marks the second year that the North Carolina Chamber of Commerce has hosted a formal business conference dedicated to Agribusiness in North Carolina and beyond. We were proud and privileged to participate in both....more
There is no dispute as to the national importance of agriculture. Over many decades, agriculture has been synonymous with “settlement,” “pioneering,” and “Zionism.” Jewish immigrants arrived from all corners of the diaspora,...more
The United States Environmental Protection Agency (“EPA”) announced seven Gulf of Mexico Division cooperative agreements totaling more than $7.5 million to: . . . fund projects that improve water quality, habitat, and...more
Agritourism continues to grow in North Carolina as residents and visitors look to explore and strengthen the connection between farm and table. In the western part of the state, options span from flower and produce farms...more
The Environmental Integrity Project (“EIP”) issued an April 4th report titled: Livestock Fencing in the Shenandoah Valley (“Report”) ...more
On Friday December 7, 2018, the United States Department of Agriculture (USDA) published in the Federal Register an interim rule for the Highly Erodible Land Conservation and Wetland Conservation Compliance regulations of the...more
The Arkansas Department of Environmental Quality (“ADEQ”) announced that it is denying for the second time C & H Hog Farms, Inc.’s (“C & H”) application for an Arkansas Pollution Control and Ecology Commission Regulation No....more
The U.S. Environmental Protection Agency announced late yesterday evening that it extended the registration of the herbicide dicamba for “over-the-top” use for a period of two years – until December 20, 2020 – pursuant to the...more
Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin...more
Farmers may have wondered how a neighbor or someone else filing bankruptcy can keep his or her house. The answer is exemptions. Exemptions are assets that can be kept from unsecured creditors. The Wisconsin Legislature...more