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Maryland Ag Extension Podcast

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Episodes

“Family Farmer Relief Act of 2019” Raises the Aggregated Debt Limit For Chapter 12 Bankruptcies

9/11/2019
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In this episode, Paul discusses the debt increases to Chapter 12 bankruptcy that were recently passed by Congress. Some argue that this change is needed based on increasing farm size and increasing land values, but others argue this change could lead to increased lending costs to producers. Materials discussed in this episode: “Family Farmer Relief Act of 2019” Raises the Aggregated Debt Limit For Chapter 12 BankruptciesManagement Tool of Last Resort: Bankruptcy Offers Protections to...

Duration:00:06:40

Understanding Agricultural Liability: Maryland Fencing Law

8/28/2019
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In this episode, Paul discusses Maryland's laws on fencing livestock in and how county codes can modify the state's law. Materials discussed in this episode: Understanding Agricultural Liability: Maryland Fencing Law If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:13:41

Can I Make a Citizen's Arrest?

8/14/2019
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In this episode, Paul discusses when private citizens might have the right to make a citizen's arrest in Maryland. Although it will be discussed you do in limited situations in Maryland have this right, you should never exercise the right. Materials discussed in this episode: Can I Make a Citizen's Arrest? If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul follow me on Instagram @aglawPaul, or 301-405-3541.

Duration:00:06:37

Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?

7/31/2019
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In this episode, Paul provides an update in the Syngenta settlement in the MIR162 class action lawsuits. Corn growers should hopefully begin to see checks in February 2020. Materials discussed in this episode: Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?http://cornseedsettlement.com/ If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:07:22

Hiring Practices for Farm Operations: How to Hire the Right Employees

7/17/2019
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In this episode, Paul posts the audio from a recent webinar he did covering ag labor issues. Recent high profile animal welfare videos have highlighted issues when employees can cause problems for livestock operations. Many farms should take a moment to review their hiring practices and how they train employees to use generally accepted handling practices that will not harm livestock. This webinar will cover how to properly hire and train employees in a livestock operation to prevent...

Duration:00:35:48

Maryland Court of Special Appeals Overturns Lower Court, Finding Pesticide Ordinance Is Not Preempted by State Law

7/3/2019
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In this episode, Paul discusses the appeal in Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was not preempted by state law and over. The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes. The ordinance contained a number of exemptions including one for agriculture. The Court of Special of Appeals overturned the circuit court's...

Duration:00:08:57

2019 Brings Potential Changes to Hemp Production in Maryland

6/19/2019
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In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland General Assembly passed HB1123 and signed by Governor Hogan. The new legislation went into effect on June 1, 2019, but we are still waiting on USDA's regulations to see how the state will implement the law. Materials discussed in this episode: 2019 Brings Potential Changes to Hemp Production in Maryland If you have questions for Paul contact him at lgoering@umd.edu, tweet...

Duration:00:11:15

Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality

5/22/2019
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In this episode, Paul discusses a recent court decision, Himsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). In this decision, the Court of Appeals of Indiana upheld a farm's use of the right-to-farm defense and the constitutionality of the right-to-farm law. Materials discussed in this episode: Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its ConstitutionalityHimsel v. Himsel, 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App....

Duration:00:10:02

Holdover Tenant Required to Pay Damages to Landlord for Not Leaving Rented Property at the Time the Lease Terminated

4/24/2019
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In this episode, Paul discusses a recent court decision, Schroeder v. Post, No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). In this decision, the Appellate Court of Illinois upholds a verdict providing a landlord with damages caused by a holdover farm tenant. This decision highlights what can happen when a tenant decides to ignore a notice to terminate the agricultural lease in many states. Materials discussed in this episode: Holdover Tenant Required to Pay Damages to...

Duration:00:07:47

Valuing On-Farm Heir’s Sweat Equity Is Complicated and Agreements Should Be Developed to Fairly Compensate On-Farm Heirs

4/10/2019
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In this episode, Paul discusses a recent fact sheet that highlights the issues with sweat equity. Sweat equity can develop when family farms fail to take care of the issues early on with a succession plan. Materials discussed in this episode: Valuing On-Farm Heir’s Sweat Equity Is Complicated and Agreements Should Be Developed to Fairly Compensate On-Farm HeirsFarm Transitions and Estate Planning If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or...

Duration:00:10:44

Court of Appeals Agrees USDA Did Not Have the Discretion to Implement New Program Benefiting Farmers

3/27/2019
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In this episode, Paul provides an update on a case involving Colorado winter wheat producers who requested actual production history yield exclusion in 2015 but the 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. Perdue Ausmus v. PerdueCourt of Appeals Agrees USDA Did Not Have the Discretion to Implement New Program Benefiting FarmersUpdated: Quick Look...

Duration:00:07:52

Pilot Industrial Hemp Program Now Final and Allows For Research Growing of Hemp in Maryland

3/6/2019
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In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland. The Maryland Department of Agriculture recently announced the final regulations for the pilot hemp research program and is accepting applications for the program. Materials discussed in this episode: Pilot Industrial Hemp Program Now Final and Allows For Research Growing of Hemp in Maryland Pilot Hemp Research Program Final RegulationsPilot Hemp Research Program page If you want to...

Duration:00:11:52

Federal Estate Tax and Gift Tax Limits Announced For 2019

2/20/2019
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In this episode, Paul discusses the 2019 federal estate tax and gift tax limits and the Maryland estate tax limit. Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year. Maryland's estate tax limit is not tied to inflation. Materials discussed in this episode: Federal Estate Tax and Gift Tax Limits Announced For 2019Final Rules on Portability If you have questions for Paul contact him at...

Duration:00:10:40

2018 Farm Bill Makes Hemp Production Legal Only In Certain Situations

1/30/2019
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In this episode, Paul discusses the current situation for the production of industrial hemp after the passage of the 2018 Farm Bill Industrial hemp was decriminalized in the 2018 Farm Bill, but current commercial production is still not legal till USDA approves individual state production plans. Production under pilot research programs is still legal and will continue to be the only way to legally produce industrial hemp till these production plans are approved by USDA. Materials discussed...

Duration:00:16:35

Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors

1/16/2019
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In this episode, Paul discusses a recent guest post he contributed to the Maryland Grows Blog. Materials discussed in this episode: Goeringer, Paul. Urban Landowners in Maryland Have a Duty to Inspect Property and Handle Diseased or Damaged Trees to Prevent Damage to Neighbors, Maryland Grows Blog (Nov. 30, 2018). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Duration:00:08:39

State’s Public Utility Law Preempted Local Zoning and Planning Requirements for Siting a Solar Energy Farm

12/19/2018
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In this episode, Paul discusses the authority that Maryland counties will have in solar energy development based on the decision in Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC. Materials discussed in this episode: Bd. Of County Comm’rs of Washington County v. Perennial Solar, LLC, No. 1022, 2018 WL 4090873 (Md. Ct. Spec. App. Aug. 28, 2018). Goeringer, Paul, State’s Public Utility Law Preempted Local Zoning and Planning Requirements for Siting a Solar Energy Farm...

Duration:00:11:54

2018 Legal Developments with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field

12/11/2018
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In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2018. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Agricultural Biotechnology and Implications of the Syngenta Settlement Eligible Corn Growers and Landlords Begin Filing Syngenta Settlement Claims in MayRight-to-Farm Law Does Not Apply in a Recent North Carolina Hog Farm Dispute If you have questions for...

Duration:00:45:29

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