Fourth Quarter, 2019
 
Components



 

  Estate Planning

  Finance & Credit

  Food Labeling

  Food Safety

   Forestry

  International Trade

  Labor

  Landowner Liability

  Marketing Orders

  Nat'l Organic Prog.

  Native American Ag

  Packers & Stockyards

  PACA

  Pesticides

  Production Contracts

  Secured Transactions

   Specialty Crops  

  Sustainable Ag

  Urban Encroachment 

   Water Law  

 


AgLaw Reporter

  Case Law Indexes

  State Compilations  

  AgLaw Updates

  USDA JO Decisions


 






Dear Friends and Colleagues ,
Happy New Year!  It's always so hard to believe how quickly time passes; 2019 seems like it happened in less than an hour's time. Nevertheless, it's always a great privilege to share with you a few of many Center updates and we sincerely appreciate your interest in the Center.  There's a lot going on, so here are a few highlights --
Be sure to mark your calendars for June 4-5, 2020 to join us for the Seventh Annual Mid-South Agricultural & Environmental Law Conference in Memphis, Tennessee.  Registration is now open, here, and additional details about the conference are below.  This year's program will be outstanding - a terrific lineup of very knowledgeable speakers from around the country.  I want to take a moment to again give a special thanks to the University of Memphis Cecil C. Humphreys School of Law for all their generous assistance in helping with this annual conference.
You may also recall from our last newsletter that our dear friend and colleague Scott Fancher recently passed away .  Scott was a great friend to the Center and agriculture in many, many ways.  To honor his legacy in the field of agricultural law, the Center will launch the Scott E. Fancher Agricultural Law Research Fellowship beginning this fall .  Available proceeds from this year's Mid-South conference will be used to support this new f ellowship.  You can read more about the f ellowship below, but if you're interested in being a sponsor for this year's program and helping with this effort, feel free to reach out to me anytime. 
Our monthly webinars continue to draw interest from around the country.  If you missed the most recent one, 2020 Vision: Finding Clarity on Labor and Employment in the New Year, be sure to click here for more information and the archived recording. Special thanks to Center friends Brandon Davis and Nathan Huff, both partners of Phelps Dunbar, for lending their time and expertise for that program.  Please read below to learn more about and register for more upcoming webinars.  If there is a potential webinar topic you'd like to see covered, please let us know!   
We added numerous new resources and publications in the fourth quarter, ranging from publications on industrial hemp to truth in labeling, and from wetlands compliance to recent federal animal welfare legislation.  Be sure to check out the article below for more details on this front.   And, be on the lookout for our upcoming multi-part series by staff attorney Brigit Rollins dissecting the various lawsuits involving dicamba. 
It won't be that long until we issue another call for applications for Center Research Fellows.  If you know of talented law students who have an interest in agricultural law, please send them our way.   Research Fellows are a tremendously valuable part of the Center's operation. We currently have nineteen research f ellows from a dozen states!
Lastly, in an effort to better serve our stakeholders, we are currently seeking feedback regarding our website. We have implemented a satisfaction survey that will pop up when you visit our site. I encourage you to fill out that survey, and please feel free to reach out to us directly with suggestions as well.
In conclusion, thanks, again, for your interest in the Center. We're honored to serve the nation's agricultural community and welcome any suggestions on how we can best serve you.  Please don't hesitate to reach out to us anytime we can be of any assistance.


Sincerely, 
Harrison Pittman Signature   
Center Director 

Partnership Spotlight
As part of its national network of partnerships, the Center collaborates with Texas A&M Agrilife Extension Service (Texas AgriLife) to produce timely research and information projects relevant to Center stakeholders in Texas and across the nation.  In particular, we are very fortunate that this collaboration allows us to work directly with our colleague Tiffany Dowell Lashmet, Agricultural Law Specialist for Texas AgriLife. 
In recent  years, this collaboration has yielded several webinars, publications, and other  deliverable s. On March 18, Tiffany will present Landowner Liability: How to Protect Your Operation  as part of the Center's monthly webinar series.  Tiffany has also co-authored publications with Senior Staff Attorney Elizabeth Rumley, including Outline for Analyzing Federal Motor Carrier Safety Administration Regulation:  Applicability for Agriculture and   Cattle Traceability:  Potential Legal Implications.   
In the past year, Tiffany has led work with Center Research Fellows Lauren Thomas, Hannes Zetsche, and Austin Vincent to produce publications such as 50-State Survey: Landowner Liability for Spray Drift .

In Memory: The Scott E. Fancher Agricultural Law Fellowship
On August 23, 2019 our dear friend and colleague Scott Fancher passed away from pancreatic cancer.  Among many, many other things, Scott was an outstanding agricultural lawyer who worked in and supported agriculture in various ways throughout his life.  In particular, his depth of knowledge of legal and policy issues - spanning many farm bills, decades of regulatory changes, Farm Service Agency Handbooks, crop insurance arbitration and litigation, to name a few -- that directly impact the row crop industry was unparalleled.  
He worked and farmed the hay and sheep fields of Oregon, Wyoming ranches, California rice fields, and cattle farms of Arkansas. He earned a B.S. in Ag Business from Oregon State University. He later graduated from the University of Arkansas William H. Bowen School of Law, followed by an LL.M. degree in Agricultural Law from the University of Arkansas School of Law. 
Woven somewhere into all that, for many years Scott served as the Farm Service Agency County Executive Director for several Arkansas counties. He contributed in countless ways to the Center and its growth over the past decades.  In addition to all of these attributes, Scott was a great mentor and champion of others' hopes and dreams.
To help honor Scott's legacy, his friends have created the Scott E. Fancher Agricultural Law Research Fellowship.  This Fellowship will be available to eligible law students annually beginning in the Fall of 2020 and will be devoted exclusively to furthering objective legal research and information activities relevant to the nation's row crop agriculture industry, including federal crop insurance, federal commodity and conservation programs, wetlands issues, pesticide regulation, and similar areas. 
Available proceeds derived from registration fees and sponsorships for this year's 7th Annual Mid-South Agricultural & Environmental Law Conference will be used to support this Fellowship. If you're interested in contributing to this effort by being a sponsor for this year's conference, please contact Center Director Harrison Pittman.
7th Annual Mid-South Agricultural & Environmental Law Conference
Registration is now open for our 7th Annual Mid-South Agricultural & Environmental Law Conference! This year's conference will be held June 4-5 in Memphis, TN. 
We will be kicking off with our traditional "Beer & BBQ" Reception at Rendezvous June 4 and start bright and early with speakers June 5. 
This year we welcome several accomplished professionals who will present on relevant and timely topics. The topics & speakers will be:  
  • Ag Lending & Financial Outlook: A Mid-South Lender's Perspective - Greg Cole, President & CEO of AgHeritage Farm Credit Services  
  • Ag Finance, Credit & Bankruptcy - Walter Kelley Senior Partner at Kelley, Lovett, Blakely & Sanders, P.C. & Standing Chapter 12 and Chapter 17 Trustee for the Middle District of Georgia 
  • Ag Law & Regulatory Environment Post-2020 Elections - Autumn Veazey Price, Director of Govt. Relations, Land O'Lakes, Inc. & Hunt Shipman, Principal and Director of Cornerstone Govt. Affairs
  • Anatomy of a Historic NRCS Wetlands Dispute Victory - Michael Cooley, Partner at Allen Wellman McNew Harvey, LLP
  • Legal Ethics in Dealing with Government: Lobbying, Gifts and Related Considerations - Amanda Jones Tollison, Partner at Butler Snow & Mississippi Bar Association President 
  • Latest and Greatest in Federal Crop Insurance and Farm Programs - Grant Ballard, Partner at Ark Ag Law, PLLC
CLE credit will be available, including an hour of ethics. Those that register by May 18th will receive two "bonus" hours of online continuing education.

The complete agenda, along with registration information can be found  here.

If you'd like to receive updates for this conference, contact  Sarah Cato. 

Publication Highlights  
New Publications 
As part of its mission, the Center continues to deliver webinars, articles, fact sheets and state compilations on numerous agricultural and food law topics. These resources are free to the public and serve as a research tool for both attorneys and non- attorneys. 
  • In August we published "Family Law Issues in Agriculture: Factsheet Series" with Cari Rincker of Rincker Law, PLLC. This series covered legal issues for farm and ranch families going through divorce and discusses child support, spousal maintenance, equitable distribution, animal issues and much more.  
  • In November, we published Financing the Farm: a Law Bulletin Series on Legal Arrangements for Farm Financing with Peggy Kirk Hall and Evin Bachelor from Ohio State University Extension. This six-part series provides new and beginning farmers with an overview of the most commonly used documents in agricultural finance. Each law bulletin covers a different type of financial agreement and explains basic terminology, fundamental legal requirements, and how the arrangement is used in farming operations.

Blog Articles 
We have kept our  Ag & Food Law Blog up to date with Daily Updates, as well as weekly posts about current issues in agricultural and environmental law. For example when the USDA released the industrial hemp regulations, Senior Staff Attorney Rusty Rumley posted USDA Hemp Rules: A First Glance where he discussed main issues and highlights of the rules. 
Our other blog articles from this quarter were: 

"Every Third Wednesday" Webinar Series
We are happy to have continued our popular webinar series with a variety of presentations, both this past quarter and upcoming.  
Recent Webinars
We hosted three webinars this quarter, the most recent  being "An Overview of 'Ag-Gag' Laws: In Arkansas and Beyond."
In this webinar Senior Staff Attorney Elizabeth Rumley discussed what are typically called "ag-gag" or "farm security laws," which limit photography or recordings on agricultural operations without the consent of the owner. 
This webinar provided a basic introduction to the format of these laws in different states, as well as a discussion of the challenges and court rulings that have already shaped the conversation. A recording of this webinar can be found here. 
Our October Webinar, "Ag Bankruptcy Spotlight: Chapter 12 Considerations and Basics," featured Renee Williams, the Chapter 12 Standing Trustee for the Eastern and Western Districts of Arkansas. In this webinar Renee provided a basic introduction to Chapter 12 bankruptcy and discussed eligibility requirements, advantages of a Chapter 12, and uses of a plan to make changes in the farming operation. A recording of this webinar can be found here. 
Upcoming Webinars
Our next webinar is scheduled f or February 19 at noon EST and will again feature Senior Staff Attorney Elizabeth Rumley. For this webinar, "'What's in a Name?' Laws & Regulations Governing Alternative Protein Labels," Elizabeth will cover the basics of food labeling in the alternative protein context, including a discussion of the responsible agencies and laws delegating that responsibility. Additionally, the webinar will address current events such as recently passed state laws regulating the labeling of certain products within those states, as well as the status of those laws after legal challenges. Details and registration for this webinar can be found here. 
From Arkansas to D.C.: Senate Update
Center Director Harrison Pittman and Senior Staff Attorneys Rusty Rumley and Elizabeth Rumley provided an agricultural law update to U.S. Senate Agriculture Committee staffers in the U.S. Senate Agricultural  Committee Hearing Room. Our staff addressed several topics such as industrial hemp, recent environmental law litigation and truth in labeling issues at the federal and state level. 
Research Fellow Program Continues to Grow
Our Research Fellow program employs highly qualified law students from across the country, and its growth continues with the recent hiring of four new fellows. The NALC currently works with 18 Research Fellows from 14 different law schools in 12 states who continue to help update and produce resources on our website and with our partners. 
To read about our current Research Fellows, click here.
Focus on Outreach 
Center staff has given multiple presentations to a wide range of audiences over the past quarter.  You can see some recent examples below. If you're interested in learning more about any of the topics below, or in having Center staff present at a conference or webinar you're sponsoring, please contact us.
  • Harrison Pittman traveled to Jonesboro, AR in October to discuss the National Agricultural Law Center and its resources with the Rotary Club of Jonesboro and the local agriculture community. 
  • In October Rusty Rumley traveled to Warsaw, MO to present on Agritourism Liability for the Missouri Cooperative Extension Service.
  • Elizabeth Rumley provided a guest lecture in October on cell cultured proteins for an Issues in Agriculture class, a part of of the Dale Bumper's College of Agriculture, Food and Life Sciences.  
  • Also in October, Rusty discussed estate planning at a presentation in Conway, AR for the University of Arkansas System Cooperative Extension Service. 
  • Elizabeth spoke at a Council for Agricultural Science and Technology annual meeting in October in Fayetteville, AR. She discussed cell cultured proteins. 
  • Rusty's last trip in October was to Burlington, VT where he presented on Industrial Hemp for the University of Vermont College of Law. 
  • The first of November Rusty gave a presentation on Agritourism Liability for the Arkansas Association of Grape Growers in  Fayetteville, AR. 
  • Harrison, Rusty and Elizabeth traveled to Washington, D.C. in November to provide the Senate Ag Committee staffers an update on recent legal issues in agriculture. 
  • While in D.C. Rusty also presented on Right to Farm Statutes at the American Agricultural Law Association annual meeting. 
  • Also at the American Agricultural Law Association conference, Harrison moderated a panel on checkoff programs and introduced a panel of USDA General Counsel attorneys.
  • Elizabeth Rumley also participated in the American Agricultural Law Association meeting, serving on a Right to Farm panel.
  • While in Washington, D.C., Harrison also met with key stakeholders to present current agricultural law issues. 
  • In November, Elizabeth served as a panelist at a Veterans for Ag event in Russelville, AR. 
  • In December Elizabeth traveled to Michigan to present at the Great Lakes Expo. While there she presented twice on the Perishable Agricultural Commodities Act, as well as a presentation on liabilities for animals on farm. 
  • Rusty also attended the GLEXPO in Michigan, where he presented on estate planning twice, as well as presentations on business entities and agritourism statutes. 
  • Also in December Elizabeth and Rusty visited Sand Creek High School in Michigan to discuss with students how the law affects agriculture and potential career paths in law and agricultural law. 
  • Rusty traveled to De Queen, AR in December to discuss legal issues surrounding industrial hemp at a hemp producer's meeting.