Maryland Risk Management Education Podcast

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2023. This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: General WOTUS Coverage Supreme Court Upholds Dismissal of Prop 12 SuitDo We Have Enough DEA-Registered Labs to Implement Hemp Program?, Transparency in Poultry Grower Contracting and Tournaments If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed: Concerned Citizens of West Tennessee v. USDA, No. 1:22-cv-01275 (W.D. Tenn. December 12, 2022). Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan GuaranteesGroup Does Not Have Standing to Challenge USDA Loan Guarantee for Poultry Farm Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed: Court Vacates Jury Award in Dicamba Drift Damage Case Bader Farms v. BASF Corp., 39 F.4th 954 (8th Cir. 2022) reh'g denied sub nom. Hahn v. Monsanto Co., No. 20-3663, 2022 WL 3698378 (8th Cir. Aug. 26, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent decision in a motion to dismiss filed by Perdue Farmers in an action by a former grower claiming the grower is an employee, not an independent contractor. Materials discussed: Another Class Action Filed Claiming Companies Have Miscategorized Contract GrowersFederal District Court Denies Some Arguments to Dismiss Claims Against Perdue Farms Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES. Parker v. Perdue Farms, Inc, No. 5:22-CV-00268-TES, 2022 WL 17553008 (M.D. Ga. Dec. 9, 2022) Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a decision out of Wisconsin highlighting how appeals can be handled negligent nutrient application decision. Materials discussed: Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications Preisler v. Kuettel's Septic Service, LLC, 2022 WL 2817287, No. 2020AP1608 (Wis.App., July 19, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent complaint filed by a former Perdue grower claiming the grower is an employee, not an independent contractor. Materials discussed: Another Class Action Filed Claiming Companies Have Miscategorized Contract GrowersPotential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of CompanyPodcast, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company Parker v. Perdue Farms, Inc., No. 5:22-cv-00268-TES. Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2022. This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: Understanding & Evaluating Carbon ContractsSequestering Carbon: What To Think About With Carbon ContractsWOTUS Update: Another year, another definitionTurtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court DecisionsCourt Vacates Jury Award in Dicamba Drift Damage CaseWhat's That Smell? Online Coursehere If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses a recent Maryland decision that highlights when new structures are allowed on property under conservation easement. Materials discussed: Interpreting Conservation Easements and When New Structures are Allowed Roxbury View, LLC v. McCauley, No. 235, Sept. Term, 2021, 2022 WL 1091684 (Md. Ct. Spec. App. Apr. 12, 2022).. Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

n this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Recent Wind Farm Decision Highlights Difference in State ProcessesDan's Mountain WindForce, LLC v. Shaw Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: When Estate Planning Goes Wrong: Why Might a Receivership Be Required? Seid v. Seid, 967 N.W.2d 253 (Neb. 2021). Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established. Materials discussed: Understanding What an Easement by Necessity Is and When One Is Created Gunfeld Coal Co. v. Carey, No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, or follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms. Materials discussed: Sequestering Carbon: What To Think About With Carbon ContractsUnderstanding & Evaluating Carbon ContractsGrowing Carbon Credits: Should Maryland Farmers Open a Carbon Banking Account? If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law. Materials discussed in this episode: North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Waters of the United States UpdateCarbon Contracts VideoAg Law in the Field: Beth Rumley (Animal Confinement StatutesNinth Circuit Rules in Favor of Beef Checkoff ProgramSCOTUS Rules for Georgia in Water Dispute with FloridaEconomic Impacts of the Sensible Taxation and Equity Promotion Act and the For the 99.5 Percent Act on AFPC’s Representative Farms and Ranches If you have questions for Tiffany, you can email her here or tweet her at @TiffDowell. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul or 301-405-3541.

In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho. Materials discussed in this episode: Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Ninth Circuit Rules in Favor of Beef Checkoff Program R-CALF v. Vilsack. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: State Court Decision Highlights When Right-to-Farm Laws Might Not ApplyHuynh v. Blanchard,Understanding Agricultural Liability: Maryland’s Right-to-Farm Law Can Limit Liability for Maryland Farm, Commercial Fishing, and Seafood Operators. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-405-3541.

In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation ProgramPenn State Center for Agricultural and Shale Law If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.

In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law Penn State Solar Law Videos If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541. This work is supported by the Agriculture and Food Research Initiative (AFRI) program, grant no. 2020-68006-31182/project accession no. 1022637, from the U.S. Department of Agriculture, National Institute of Food and Agriculture.