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Maryland Risk Management Education Podcast

Welcome to my podcast focused on ag law, risk management education, farm policy, and crop insurance issues focused on Maryland agricultural producers. Any images you see are by Edwin Remsberg unless otherwise noted.
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Maryland Risk Management Education Podcast
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Oct 18, 2017

In this episode, Paul discusses a recent 10th Circuit Court of Appeals ruling holding that Wyoming's Data Trespass law violated the First Amendment of the U.S. Constutition.  This law has been seen by many to be a version of an ag-gag law.  Paul also gives producers tips on what can be done that is still constitutional.  

Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Oct 4, 2017

In this episode, Paul discusses a recent decision, Complete Lawn Care, Inc. v. Montgomery County, that found that Montgomery County's pesticide ordinance was preempted by state law.  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 found the law was preempted by state laws related to pesticide use.  Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Sep 20, 2017

In this episode, Paul discusses two recently filed class action lawsuits focused damage caused from dicamba drift.  The two lawsuits are seeking damages from Monsanto for bringing the Roundup Ready 2Xtend varieties to market before the new dicamba was approved by EPA.  

NOTE: In this episode, I say the varieties are not resistant to the old dicambas.  I meant to say the old dicambas were not labeled in season  for the over-the-top use of the varieties 

Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Sep 6, 2017

In this episode, Paul discusses a recent tax court decision, Rutkoske v. Commissioner, that disallowed two brothers from taking 100 percent deduction for a charitable donation of a conservation easement.  The brothers, in this case, had income from the sale of the farmland in question and from a sale of the conservation easement.  That income did not count towards the gross farm income but towards gross other income.  The brothers could only claim 50 percent of the charitable donation.  Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Aug 23, 2017

In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage.  A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation.  The landowner should also begin to develop documentation related to the drift damage.  Finally, the landowner would have options on how to recover damages.  Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Aug 9, 2017

In this episode, Paul discusses a recent federal court ruling in Utah holding Utah's "ag-gag" law violates the U.S Constitution.  This marks the second time a federal district court has found a state's ag-gag law unconstitutional  We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well.  Because of the issues with constitutionality, Paul discusses other options that producers have available to them.  Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Jul 26, 2017

In this episode, Paul discusses a how to get paid for custom services, such as harvesting and swathing.  A few states have laws that create automatic liens in the crop harvested or swathed and baled.  But the majority of states offer custom operators no automatic lien.  In those states, custom operators should consider developing a standard contract to use to help the operator get paid.  Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Jul 5, 2017

In this episode, Paul discusses a publication he is working on that highlights questions you should ask a potential attorney.  Interviewing potential attorneys helps you understand who you will work best and limit some issues down the road.

Materials discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Jun 21, 2017

In this episode, Paul discusses the recent decision in Taylor v. Huerta.  This case involved FAA's earlier decision to require all unmanned aerial vehicles (UAVs) to be registered.  Paul will discuss how this decision could impact agriculture and explain what the recent decision means to others.  

Materials discussed in this episode: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

May 24, 2017

Developing a good ag lease is an important tool many of you need to consider developing when leasing farmland.  We are hitting that time of year (June 30th) when Paul likes to remind you that you need to consider if you will give the notice to terminate an ag lease or renew.  In this episode of the podcast, Paul is joined by Tiffany Lashmet of Texas A&M Agrilife Extension to discuss her ag leasing guide.

Resources discussed in this episode:

If you have questions for Tiffany, you can email him at Tiffany.DowellLashmet@ag.tamu.edu or tweet him at @TiffDowell.  You can email me at lgoering@umd.edu or tweet me at @aglawPaul.  Feel free to send thoughts on other podcasts to me as well.

Apr 26, 2017

In this episode, Paul discusses a recent court decision, Porter v. Harden, №15–0683, 2017 WL 942845 (Mar. 10, 2017).  In this decision, the Iowa Supreme Court looks at does one horse create a farmland lease?  This decision provides a lot of insight for parties looking to rent farmland and how to make sure the lease provides the protections many states give to farmland leases.

Materials discussed in this episode: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Apr 12, 2017

In this episode, Paul discusses the current situation for the production of industrial hemp in Maryland.  Currently, the General Assembly has directed the Maryland Department of Agriculture to develop a pilot program for research cultivation by an institution of higher education.

Materials discussed in this episode: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Apr 5, 2017

This week the podcast returns after a brief hiatus with Paul discussing a frequently asked question: Can I trim tree limbs and other vegetation growing on my neighbor's property that is impacting my property?  Paul discusses what Maryland law currently allows neighboring landowners to do and not to do (the options are limited to self-help).  

Materials discussed in this episode: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Jan 25, 2017

A common situation is that siblings inherit farmland through intestacy (dying without a valid will or property outside the will) or a will specifies a quarter interest in the farm to X and the remaining three-quarters to Y. In this episode, Paul covers what happens when you inherit property as tenants in common.

Materials discussed in this case: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Jan 18, 2017

The Iowa Court of Appeals recently ruled that the state's right-to-farm law was unconstitutional as applied to a landowner next door to a hog farm.  In this episode, Paul discusses the McIlrath v. Prestage Farms of Iowa, L.L.C. decision.  

Materials discussed in this case: 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Dec 14, 2016

The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law.  In this podcast, Paul provides an overview of those cases and their potential impact.

Cases discussed in this podcast:

  • Anderson v. McCarthy, No. C 16-000068 WHA, 2016 WL 6834215 (N.D. Ca. Nov. 21, 2016).
  • Missouri ex rel. Koster v. Harris, No. 14-17111, 2016 WL 6803046 (9th Cir. 2016).
  • Syngenta Seeds, Inc. v. County of Kauai, No. 14-16833, No. 14-16848, 2016 WL 6818862 (9th Cir. Nov. 18, 2016)

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Nov 2, 2016

After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm.  Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool.

Tools discussed in this podcast:

Forms and websites discussed by Ashley are in the resources.

If you have questions, please email Ashley at aellix@umd.edu, tweet her at @Legally_Ashley, or call her at 301-458-5125.  You can also contact me at lgoering@umd.edu or tweet me at @aglawPaul.

Oct 19, 2016

With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation.  In this episode, Paul discusses tools available to help you develop a fair rental rate for you.

Tools discussed in this podcast:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Oct 12, 2016

In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals.  In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision.

Resources discussed in this episode:

 

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Oct 5, 2016

Fires during harvest are not uncommon and sources are many; a bearing can go out or get hot, a pickup’s exhaust pipe, bad wiring, and I’m sure you can give me more examples of how a fire can start during harvest.  But what is your potential liability for a harvest fire that spreads to your neighbor’s property? In this episode, Paul covers a court decision from 2015 looking at a negligence claim from a harvest fire.

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Materials discussed in this episode:

Sep 28, 2016

When starting a new business enterprise with friends or family, how to wind the business down upon a falling out, death, or other terminating event are not considered.  But how to wind down the business is a critical part of the business.  A recent decision by the Court of Special Appeals of Maryland highlights the need for family farm partnerships to have plans on how to wind down the partnership upon the death of a partner.  In this episode, Paul walks you through this court decision and how you can better plan for the future.

Resources discussed in this episode:

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Sep 21, 2016

Recently, the Eighth Circuit Court of Appeals issued a decision in American Farm Bureau v. EPA.  This case involved American Farm Bureau Federation and National Pork Producers Council bringing an action in federal court to challenge EPA's decision to find information involving concentrated animal feeding operation operators was not exempt from disclosure under the Freedom of Information Act.

In this episode, Paul walks the audience through the federal district court's decision and the Eighth Circuit's decision.

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Materials discussed in this episode:

Sep 14, 2016

In this episode, Mayhah Suri, extension environmental specialist, interviews Paul Goeringer, extension legal specialist, over Right-to-Farm laws.  Mayhah and Paul cover the basics of Right-to-Farm laws, what Maryland's law does, and the developing issue of Right-to-Farm constitutional amendments that some states are pursuing.

If you have questions for the host this week, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.

If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

Materials discussed in this episode:

Sep 7, 2016

Last week, we looked at on-farm breweries and we continue looking at on-farm diversification by considering on-farm distilleries.   In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a distillery on the farm.

If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.  

Resources discussed in this episode are Opening a Distillery: Legal Details That Producers Need to Know by Mayhah Suri.

Aug 31, 2016

Farmers are often looking for new ways to diversify their operations.  One new way maybe developing an on-farm brewery under Maryland's Class 8 license.  In this episode, Paul is rejoined by Mayhah Suri to discuss the licensing process to get the license and things producers need to be aware of before opening a brewery on the farm.

If you have questions, contact Mayhah at msuri1@umd.edu, tweet her at @mayhah_s or 301-405-9576.  

Resources discussed in this episode are Microbreweries and the New Class 8 Farm Brewery License by Mayhah Suri.

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