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Maryland Ag Extension Podcast

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Episodes

Federal Court Agrees that Environmental Plaintiff Has Standing to Challenge USDA Loan Guarantee Granted to Poultry Farm

11/21/2018
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In this episode, Paul provides an update on Food & Water Watch v. Dep’t of Agric., No. 17-1714. Recently the federal district court in D.C. found that the environmental groups have standing and the case is not moot. Paul explains all that and next steps in the case. . Materials discussed in this episode: Buffalo River Watershed Alliance v. USDA, No. 4:13-cv-450-DPM, 2014 WL 6837005 (E.D. Ark. Dec. 2, 2014). Goeringer, Paul, Challenge Brought Against Decision to Approve Loan Guarantee for...

Duration:00:16:26

Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense Operates

11/7/2018
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In this episode, Paul discusses Maryland's right-to-farm law, how it operates, and potential areas that are unclear in the law. Producers need to be aware of how these laws operate in order to maintain the defense. Materials discussed in this episode: Recent Nuisance Suits Involving Farms Highlight Why Farms Should Understand How a Right-to-Farm Defense OperatesUnderstanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farmers and Commercial Fishing...

Duration:00:08:32

Maryland Court Upholds the 2014 CAFO Permit For Complying With EPA’s Requirements

10/24/2018
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In this episode, Paul discusses the recent decision by the Court of Special Appeals of Maryland to uphold the 2014 general discharge permit for concentrated animal feeding operations in the state. The permit had been challenged by two groups claiming Maryland Department of the Environment had failed to include monitoring in the permit. Materials discussed in this episode: Maryland Court Upholds the 2014 CAFO Permit For Complying With EPA’s Requirements Food & Water Watch v. M.D. Dep’t of...

Duration:00:11:57

USDA Did Not Have Discretion to Implement New Program Benefitting Farmers: When Does the Agency Have Discretion to Implement a New Program?

10/10/2018
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In this episode, Paul discusses a recent decision out of Colorado involving winter wheat producers who requested actual production history yield exclusion in 2015 but USDA Risk Management Agency denied the request. The case highlights when USDA potentially has to make new programs available to producers. Materials discussed in this episode: Ausmus v. PerdueUpdated: Quick Look at Yield Exclusion Option in 2014 Farm BillUSDA Did Not Have Discretion to Implement New Program Benefitting...

Duration:00:08:50

Iowa Right-to-Farm Decision Highlights the Importance of Understanding How Right-to-Farm Laws Operate

9/26/2018
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In this episode, Paul reviews the recent Iowa Supreme Court decision in Honomichi v. Valley View Swine. In this decision, the court reversed a lower court ruling finding Iowa's right-to-farm law was unconstitutional as applied due to the lower court offering no facts to demonstrate the law was unconstitutional as applied. Materials discussed in this episode: Iowa Right-to-Farm Decision Highlights the Importance of Understanding How Right-to-Farm Laws OperateUnderstanding Agricultural...

Duration:00:13:06

Court Decision Splitting Up Family Farm Reversed: When Farm Succession Planning Fails

9/12/2018
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In this episode, Paul discusses the recent decision out of Minnesota involving a farm family's farm succession plan that resulted in a court battle. The case highlights why farm families need to develop farm succession plans that work for their operations. Materials discussed in this episode: Court Decision Splitting Up Family Farm Reversed: When Farm Succession Planning FailsNeumann v. AndersonFarm Transitions and Estate Planning If you have questions for Paul contact him at...

Duration:00:16:37

Agricultural Biotechnology and Implications of the Syngenta Settlement

8/29/2018
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In this episode, Paul introduces a recent webinar he hosted featuring Prof. Drew Kershen of the University of Oklahoma College of Law to discuss the recent Syngenta settlement involving MIR-162 genetic trait that was rejected in shipments of corn to China. Prof. Kershen discusses the settlement and other possible issues that could come up because of the settlement. Materials discussed in this episode: Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May...

Duration:01:01:59

Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized

7/18/2018
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In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. Currently, the Maryland Department of Agriculture to develop a pilot program for research programs to be developed by institutions of higher education who can then contract with growers to produce industrial hemp in the research programs. Materials discussed in this episode: Industrial Hemp Remains Illegal to Cultivate In Maryland Until Final Regulations and Research Programs Finalized...

Duration:00:13:28

Right-to-Farm Law Does Not Protect Landowner From Nuisance Caused by Septage Lagoons

7/4/2018
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In this episode, Paul discusses the recent decision out of Alaska involving Alaska's right-to-farm law. The Supreme Court of Alaska upheld a trial court ruling that the state's right-to-farm law did not apply to a landowner storing septage in lagoons. Materials discussed in this episode: Alaska's Right-to-Farm LawRight-to-Farm Law Does Not Protect Landowner From Nuisance Caused by Septage Lagoons If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or...

Duration:00:13:20

Gleaning, Food Banks, and a Farmer’s Liability

6/20/2018
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In this episode, Paul discusses how Maryland law limits liability to encourage gleaning on farms from charitable organizations. Materials discussed in this episode: Gleaning, Food Banks, and a Farmer’s Liabilityhttp://forms.vermontlaw.edu/farmgleaning/ If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:05:39

Gleaning Unharvested Crops and Crop Insurance or NAP Coverage

6/6/2018
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In this episode, Paul discusses crop insurance or NAP coverage and requirements when you allow gleaning on the covered acreage. Materials discussed in this episode: Gleaning Unharvested Crops and Crop Insurance or NAP Coverage If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. This material is funded in partnership by USDA, Risk Management Agency, under award number RM17RMETS524021.

Duration:00:07:28

Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in May

5/23/2018
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In this episode, Paul discusses details of the preliminary approval of the Syngenta settlement in the MIR162 class action lawsuits. Corn growers have begun to be able to file claims. Paul breaks down what this settlement means for U.S. corn growers and deadlines growers need to be aware of. Materials discussed in this episode: Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in Mayhttp://cornseedsettlement.com/ If you have questions for Paul contact him at...

Duration:00:09:06

Right-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute

5/16/2018
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In this episode, Paul discusses the recent jury verdict in the North Carolina Hog Farm Nuisance Cases involving Murphy-Brown Farms. The verdict initially awarded the plaintiffs $50 million in punitive damages, but this has been reduced to $3 million. Prior to this decision, the judge had ruled that North Carolina's right-to-farm law did not apply. Paul points out what language was at issue in North Carolina's law and how it might play out in another state. Materials discussed in this...

Duration:00:12:34

Remember to Certify Conservation Compliance for Crop Insurance Program By Premium Billing Date

5/9/2018
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In this episode, Paul discusses changes to conservation compliance that require an insured producer to be in compliance by the crop insurance premium billing date. Materials discussed in this episode: Remember to Certify Conservation Compliance for Crop Insurance Program By Premium Billing Date If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. This material is funded in partnership by USDA, Risk Management Agency, under award number...

Duration:00:09:49

Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness

4/25/2018
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In this episode, Paul discusses a recent circuit court ruling finding that Baltimore City's food truck ordinance was unconstitutional for vagueness issues. Materials discussed in this episode: Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. Image includes image of Baltimore City food truck by baltamour carla.

Duration:00:14:15

Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit

4/11/2018
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In this episode, Paul discusses the recently announced Syngenta settlement in the MIR162 class action lawsuits. The settlement for 4 classes is estimated at $1.51 billion. Paul breaks down what this settlement means for U.S. corn growers. Materials discussed in this episode: Syngenta Announces $1.51 Billion Dollar Settlement to MIR162 Class Action Suit If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541. The image includes an image of corn...

Duration:00:10:06

Court Ruling Reminds You Why You Should Update Plans

3/28/2018
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In this episode, Paul discusses a recent court ruling involving a life insurance policy that was not updated after a divorce. The ruling is a reminder of why you should always update farm succession plans after life events. Materials discussed in this episode: Recent Court Decision Highlights Why You Should Update Life Insurance Policies After A Divorce If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:16:23

Before #Plant18 Review Laws Related to Using Saved Seed

3/14/2018
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In this episode, Paul discusses how federal patent law and the federal Plant Variety Protection Act could limit your ability to use saved seed for replanting. Materials discussed in this episode: Farmer-saved Seed: What is Legal? What is Not?Legal Liability of Saving Seeds in an Era of Expiring Patents If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:14:21

CERCLA Part 2: Reporting Ammonia Emissions Issues With Ashley Ellixson

2/21/2018
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In this episode, Paul is joined by Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: CERCLAEPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at FarmsReporting Continuous Release Emissions You can contact Ashley Ellixson at aellixson@UDAZ.ORG. If you have questions for Paul contact him at lgoering@umd.edu, tweet him...

Duration:00:14:24

CERCLA Part 1: Court Ruling Requires Livestock Operations to Report Ammonia Emissions

2/7/2018
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In this episode, Paul discusses a 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: CERCLA EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at FarmsCourt of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws If you have questions for Paul...

Duration:00:12:31