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Dear Friends and Colleagues, |
Greetings,
Don’t look now, but we’re well into 2021 and it is already time for our First Quarter update. The center team has remained very active and, as always, it is an honor to update you on some of our recent and upcoming research and information activities.
Thanks to everyone who has registered so far for the Eighth Annual Mid-South Agricultural & Environmental Law Conference. We opted to hold the conference online this year due to COVID-19 safety concerns. The presentations will be spread out over June 10-11, 2021. You can register and learn more about the speakers and topics here. Don’t forget we have an Early Bird Special that allows for two bonus hours of CLE at no additional charge. Finally, thanks to the Mid-South Chapter of the American Society of Farm Managers and Rural Appraisers for sponsoring this year’s event.
This past quarter has featured a variety of webinars focused on different topics in and around agricultural and environmental law. For example, Linda Reid, the owner of Water 365, LLC. presented, "High-Capacity Wells: A Survey of Groundwater Withdrawal Rights and Regulations." This webinar discussed the various legal approaches governing the right to withdraw and groundwater generally, as well as the regulatory frameworks in place for groundwater withdrawals via high-capacity wells; a very timely discussion. The National Agricultural Law Center provides webinars on a monthly basis. To learn more about our webinar series click here.
The National Agricultural Law Center has also continued to publish timely and useful resources throughout Quarter One. A resource I'm particularly excited about is the Updated States' Agricultural Liens Chart. This interactive resource allows users to click on their desired state and read a research report of the statutory agricultural liens for that state. Learn more and use this resource here.
Thank you, again, for your interest in the National Agricultural Law Center. Hopefully, the light at the end of the COVID-19 tunnel will be much closer and brighter by the time we issue our next newsletter. Until then, please stay safe and do not hesitate to reach out if we can of any assistance.
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NALC Welcomes New Communications & Special Projects Coordinator |
The National Agricultural Law Center welcomed Will Clark to the team in January as the Communications and Special Projects Coordinator.
Will was raised in Northwest Arkansas where his family was actively involved in raising and showing cattle. The son of a firefighter and a teacher, Will always knew he wanted to find a career that allowed him to give back and being a communicator in agriculture allows him to do just that. He attended the University of Arkansas where he earned a Bachelor of Science degree in agricultural communications & leadership and is currently pursuing his Master of Science degree in agricultural and extension education with emphasis in communications. His graduate research focuses on fundraising and development.
While at the University of Arkansas, Will served in a variety of leadership positions such as the 2015-2016 State Secretary for the Arkansas FFA Association, the coordinator of the Razorback Leadership Academy, an ambassador for the Dale Bumpers College of Agricultural, Food and Life Sciences, and as the Associated Student Government Freshman Leadership Forum Coordinator. Other experiences include interning for the United States House of Representatives, OBP (Osborn Barr Paramore), and Syngenta on their Federal Government Relations team. Outside of work, Will enjoys hunting, traveling, spending time with family, and volunteering with the FFA.
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Eighth Annual Mid-South Agricultural & Environmental Law Conference: June 10-11, 2021 |
The Eighth Annual Mid-South Agricultural and Environmental Law Conference will be held later this year. The conference will be held in an online platform on June 10-11, 2021.
The conference will feature invited speakers discussing a wide range of agricultural and food law topics. This year's conference will cover the topics below and more:
- Agricultural Law & Policy In Washington, D.C.
- Legal Ethics
- Agricultural Economy/Market Outlook
- Agricultural Tax & Estate Planning Update
Conference speakers include:
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Greg Cole, President and CEO of AgHeritage Farm Credit Services
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Mark Daniel Maloney, Blackburn, Maloney and Schuppert, LLC; Immediate Former Rotary International President
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Judge Stephen Vaden, US Court of International Trade, former USDA General Counsel
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Mac Williamson, Williamson Law + Policy, PLLC
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Paul W. Keith, Gibson & Keith, Arkansas Bar Association President
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Kristine Tidgren, Director, Center for Agricultural Law and Taxation, Iowa State University
Those who register by 4pm CDT on May 24th are eligible for two “bonus” hours of online CLE/CE in addition to the conference. Those hours will be held from 11am-1pm CDT on May 26th.
Find an overview of the conference, as well as conference materials here.
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Updated States' Agricultural Lien Charts: |
One of the most recently updated resources published by the NALC is the "Updated States' Agricultural Liens Charts;" a frequently used tool.
All fifty states have enacted statutory liens on agricultural products, equipment and production inputs. States enact agricultural liens because some areas of the industry conduct business in a way that creates a risk of nonpayment. Thus, these liens ensure certain providers of agricultural goods, services, labor, and land are repaid debts owed to them.
This interactive chart allows users to click on their desired state, and read an in-depth report about the state's statutory liens. For each state, the charts summarize the state’s statutorily enacted agricultural liens. They include a brief description of the lien claimant and the attached property, possessory requirements, any filing requirement, the date of attachment and any express priority provisions of the statute.
To access the updated state charts for agricultural liens click here.
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COVID-19 and Agriculture Resource Library |
In the past, we shared with you several resources our researchers have put together in an effort to keep our stakeholders up to date on COVID-19's impact on the agricultural sector. Since then, we have updated our Agriculture & COVID-19 Resource Library, as well as continued to add relevant resources.
Our Resource Library, available here, provides a compilation of COVID-19 resources relevant to our stakeholders created by the Center and its partners, as well as links to resources created by federal agencies, independent law firms, and Cooperative Extension Services from across the country.
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"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. |
In January, Hunt Shipman, Principal & Director of Cornerstone Government Affairs, presented, "Lookin g Ahead: Impact of the 2020 Elections on Ag Law and Policy." This webinar analyzed agricultural policy and lawmaking in light of the 2020 election results. Issues covered included updates and prognostications on key appointments at USDA and Congressional committees, as well as implications for the next Farm Bill, international trade, federal and state regulatory environment, and more.
You can find a recording of this webinar here.
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February 3rd's webinar featured NALC Staff Attorney, Brigit Rollins, who presented, " Stuck in the Swamp: Swampbuster Basics." When Congress passed the 1985 Farm Bill, they also put in place the Highly Erodible Lands and Wetlands Conservation program, with the goal of helping to conserve highly erodible lands and wetlands in agricultural areas. The idea was straightforward – make the receipt of certain USDA benefits contingent on not converting highly erodible lands or wetlands for agricultural use. In the decades since, the portion of the program that targets wetlands, known colloquially as “Swampbuster,” has been a particularly challenging program to implement. Swampbuster is especially important because participants in certain USDA programs are ineligible for program benefits if they convert wetlands for agricultural use.
Find the recording and presentation slides of the webinar here.
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February 17th's webinar featured Grant Ballard, partner with the firm of Ark Ag Law, PLLC, who presented "Federal Crop Insurance: Legal Update & Latest Developments" In this webinar Gran t provided an update for producers, lenders, crop insurance agents, attorneys, and other affected stakeholders on the latest and most noteworthy legal developments regarding federal crop insurance. The program will specifically address important case law and regulatory developments, as well as issues producers should consider in 2021.This webinar will be February 17 at noon EST.
A recording of this webinar can be found here.
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March 17th's webinar, " High-Capacity Wells: A Survey of Groundwater Withdrawal Rights and Regulations," featured Lind a Reid, the owner of Water365, LLC. In this webinar our speaker discu ssed the various legal approaches to governing the right to withdraw groundwater, as well as the regulatory frameworks in place for groundwater withdrawals via high-capacity wells. Linda discussed recent legal decisions and policy approaches that inform the evolving discussion regarding how these types of withdrawals might best be regulated.
A recording of this webinar can be found here.
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Our next webinar will be on April 7th, noon EST. NALC Senior Staff Attorney, Elizabeth Rumley will be presenting, "Focus on Food: Legislation That Would Change Meat Processing." The processing of livestock is governed on a national level by the Federal Meat Inspection Act. Similarly, the processing of poultry is governed by the Poultry Products Inspection Act. In those laws, USDA-FSIS is given primary authority for oversight of meat products that will be offered for sale. That authority, however, may be designated to a state agency in those states that chose to apply for such authority.
This webinar, while providing an outline of the current regulatory structure, will primarily focus on the federal and state policy proposals that would change the requirements, standards and oversight of slaughter and processing facilities.
Learn more and register here.
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On April 21st, noon EST, the NALC will host the webinar, "Opportunities and Challenges Agriculture Faces in the Climate Debate." Almost every month, companies of various sizes across many industries announce new sustainability commitments and programs that farmers and ranchers can participate in. Advancements in technology and increased capital have expanded opportunities for farmers and ranchers to generate revenue via these emerging sustainability markets. But with so many options and potential partners, it may be difficult to get all the information you need to sign a contract.
This webinar will discuss how policy initiatives and collaboration through broad coalitions brought agriculture to this point, explain what agriculture ecosystem credit markets are and why they’re emerging so strongly now. We will also explore the early market participants and when and where projects are taking place and discuss contract expectations.
Join Andrew Walmsley and Shelby Swain Meyers, representatives from American Farm Bureau, for this webinar.
Learn more and register here.
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The webinar, "Understanding Federal Milk Marketing Orders and Current Dairy Risk Management Tools," will take place on June 16th, noon EST. The United States Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) administers eleven Federal Milk Market Orders (FMMOs) which are authorized by statutes dating back to 1933 and which directly prescribe payment for approximately 75% of the total U.S. milk supply. Yet nothing in agricultural law is perceived as more impenetrable to comprehension.
This webinar will unpack the arcane terminology and process surrounding the administration of current FMMOs. It will explain in simple terms how the value of all milk ‘pooled’ in a FMMO’s designated marketing area, regardless of the products into which it is made (‘utilization’), is shared by its producers via the establishment of a uniform blended price. In addition, the common criticisms of present FMMO administration will be highlighted and explored.
Learn more and register here.
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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.
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. Blog posts from this past quarter are outlined below.
March:
February:
January:
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