News & Analysis as of

Agricultural Land

Cannabis Licensing Regulations Under Fire

by Moskowitz LLP on

The California Department of Food and Agriculture (CDFA) began issuing cannabis cultivation licenses on January 1, 2018, and the lawsuits have already commenced. ...more

The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more

Garden State Cultivates Industrial Hemp Growth

by Cole Schotz on

As the State of New Jersey continues to evaluate the expansion of current legislation related to medicinal use cannabis and the legalization of recreational cannabis, proposed legislation advancing in the New Jersey...more

Hemp Farming Act Of 2018: A Stimulus For Our Rural Economy

by Husch Blackwell LLP on

The Hemp Farming Act of 2018 (the “Bill”) introduced by Senate Majority Leader Mitch McConnell, would provide a much needed stimulus for the United States rural economy. Given the pending risk of a trade war looming over...more

House Agriculture Committee Unveils Its Draft Farm Bill 2018

by Bergeson & Campbell, P.C. on

On April 12, 2018, House Agriculture Committee Chair Michael Conaway (R-TX) released the Committee’s draft Farm Bill reauthorization, the “Agriculture and Nutrition Act of 2018” (H.R. 2)....more

Agriculture and Nutrition Act of 2018 (i.e, "Farm Bill"): Environmental/Conservation Related Provisions

The United States House of Representatives Agriculture Committee (“Committee”) recently reported out the Agriculture and Nutrition Act of 2018 (“H.R. 2”). H.R. 2 is typically denominated the Farm Bill. The Farm Bill...more

U.S. Agriculture Secretary Visits with Michigan Farmers

by Varnum LLP on

U.S. Agriculture Secretary Sonny Perdue was in West Michigan in early February to meet with Michigan farmers. As reported by MLive.com, he told farmers that the new Farm Bill, which will be hashed out this year before the...more

McConnell Set to Propose Legislation to Legalize Industrial Hemp

by White and Williams LLP on

United States Senate Majority Leader Mitch McConnell has announced that he would introduce legislation that would legalize hemp as an agriculture product. The Hemp Farming Act of 2018 would essentially remove hemp from a list...more

Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of...

by Farrell Fritz, P.C. on

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court Justice Whelan’s decision, which invalidated two local laws of the Suffolk...more

Where the Blacktop Ends: Promising Developments at the Intersection of Agricultural Production and Urban Living

With the Trump administration’s rollback of federal regulations proceeding at a steady pace, and with new federal tax policy firmly established, and with the next federal Farm Bill promised by year’s end, Arkansas’s farmers...more

New Laws Part II: 2018 Ushers in Changes to Land-Use, Development Laws

by Best Best & Krieger LLP on

As we noted in Part I of this two-part series, lawmakers passed a wave of new laws in 2017. Today we look at the bold moves California legislators made to address the State’s affordable housing crisis, while passing a...more

Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

by Farrell Fritz, P.C. on

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a tidal wave of opposition to changes the Board was considering to the Town’s Zoning Code with respect to wineries. The...more

C&H Hog Farms, Inc. Permit Denial/Regulation 5 Issues: Arkansas Governor Hutchinson Meets with State Agricultural Leaders

The Arkansas Agricultural Department (“AAD”) issued a February 1st news release noting that Governor Hutchinson and Arkansas Agriculture Secretary Wes Ward met with State Agricultural Leaders to discuss the Regulation 5...more

CAFO Stinks, but Not a Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more

C&H Hog Farms, Inc. (Newton County, Arkansas) Request for Adjudicatory Hearing of Arkansas Department of Environmental Quality...

C&H Hog Farms, Inc. (“C&H”) filed a January 18th Request for Adjudicatory Hearing and Commission Review (“Request”) challenging the Arkansas Department of Environmental Quality (“ADEQ”) denial of an application for a...more

Farmers Use Drones to Check Their Crops

As a farmer, you likely need to keep a close eye on the growth of your crops or survey hundreds of acres of crops after a storm or other natural disaster. Agriculture experts now say that farmers should look to the skies for...more

2018 California Public Agency Laws – Part II - Housing and Land Use, Environment, Public Property/Public Works and Economic...

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

C&H Hog Farms, Inc. Sow-Farrowing Facility (Newton County, Arkansas): Arkansas Department of Environmental Quality Denial of...

The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more

State Seeks to Avoid TB ‘Nuclear Option’

by Varnum LLP on

According to the Michigan Ag Connection and Michigan Farm News, Michigan livestock farmers are closely monitoring current discussions between Michigan and the U.S. Department of Agriculture (USDA) concerning ongoing efforts...more

One step closer to new rules on organic farming

by Hogan Lovells on

After three years of negotiations, the European Union is nearing the end of a long process to simplify and harmonise the rules for organic food production and the labelling of organic products. ...more

EPA And The Corps Propose To Add Years To “Effective” Applicability Date Of WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United...more

Cannabis Business? The Impact of Federal Law Might Reach Further Than You Think.

by Farrell Fritz, P.C. on

Everyone involved, or thinking about becoming involved, in the cannabis business is aware of the conflict between the laws of those states legalizing marijuana and the Controlled Substance Act (the “CSA”). The CSA is a...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

How Low Can You Go? Proposed Agricultural Waste Discharge Requirements Impose Even More Stringent Demands on Central Valley...

On October 10, 2017, the California State Water Resources Control Board (“Water Board”) issued the second version of an order to modify agricultural waste discharge requirements (“Proposed Order”), under the Irrigated Lands...more

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