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Dear Friends and Colleagues, |
Greetings,
It’s hard to believe we are already into the Fall season; soon enough we’ll look up and realize we’re standing in 2022. It’s great to take a moment and share some of the latest and upcoming developments from the NALC and its national network of partners.
We have officially welcomed two new Staff Attorneys, Jana Caracciolo and Samantha Mikolajczyk. I hope you can take a moment to read more about them below, but Jana focuses on food safety and food labeling issues and Samantha focuses on agricultural labor/immigration, international trade, and related issues. Both have really hit the ground running and we’re excited to have them on the NALC team.
The NALC will host two conferences in 2022 that you may want to have on your radar. The 9th Annual Mid-South Agricultural & Environmental Law Conference will be held at the Cecil C. Humphreys School of Law on June 9 & 10, 2022. The NALC will also host the Western Agricultural & Environmental Law Conference in Reno, Nevada on May 4-5 of 2022 at the Peppermill Resort Spa Casino in Reno, Nevada. Be sure to check our website in the coming days for registration and additional program details.
We recently closed our most recent Research Fellowship position announcement. If you’re a law student or know a law student interested in serving as a NALC Research Fellow, be sure visit our website for more details or reach out anytime directly to one of us. We typically have about twenty Research Fellows on staff at any given time who are a great help in fulfilling the NALC’s national research and information mission.
In the past quarter we hosted and announced a number of webinars. Recent webinars covered states’ voluntary approaches to water pollution, state approaches on dealing with noxious weeds, an introduction to carbon credits in the world of cryptoassets, and Agricultural Conservation Easement Programs. These programs are all archived on the NALC website, and be sure to check our webinars page for programs coming up over the next few months. In November, James Eklund will present The Western Water Crisis & What It Means for Agriculture.
Thank you, for your continued interest in the National Agricultural Law Center. We’re proud to serve the nation’s agricultural community and welcome any feedback or suggestions on areas in need of additional research or outreach.
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NALC Quarterly Reporter: Q1, Q2, & Q3 |
The Quarterly Report is a quarter-by-quarter, comprehensive but not necessarily exhaustive, summary of notable federal and state-level regulatory, legislative, and judicial agricultural and food law legal developments.
You can find the Ag & Food Law Quarterly Report for the first quarter of 2021 here.
The Ag & Food Law Quarterly Report for the second quarter of 2021 can be found here.
Find the Ag & Food Law Quarterly Report for the third quarter of 2021 here.
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NALC Welcomes Two New Staff Attorneys |
To further its mission and better serve stakeholders, the National Agricultural Law Center has hired two new staff attorneys, Jana Caracciolo and Samantha Mikolajczyk, both with backgrounds in agriculture. The Center also hired a website editor and two undergraduate communications specialists.
“Our mission at the center is to be the nation’s leading source of agricultural and food law research and information, and the addition of Jana and Samantha to our team will help us achieve that,” Harrison Pittman, director of the center, said. “With a growing team, we are better able to serve our stakeholders throughout the United States.”
Growing up on a small honey tangerine farm in Florida spurred Caracciolo’s interest in the food system. In 2018, she graduated magna cum laude from the University of Florida with a Bachelor of Science in Food and Resource Economics. Before attending college, Caracciolo served as a state officer for the Florida FFA Association.
While attending the University of Florida Levin College of Law, Caracciolo interned for the Harvard Food Law and Policy Clinic, as well as the Marketing, Regulatory, and Food Safety Programs Division of the United States Department of Agriculture’s Office of the General Counsel. Caracciolo will primarily focus her research on food labeling and food safety-related issues.
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“I’m excited to join the National Agricultural Law Center,” Caracciolo said. “Through my research and writing I can help our stakeholders better understand the legal issues that impact our food system, particularly those related to food labeling and food safety.”
Mikolajczyk, hailing from south Texas, grew up on a strawberry farm where she was involved in agriculture from a young age through 4-H and FFA. She earned a Bachelor of Science in University Studies – Leadership from Texas A&M University in 2017. After receiving her undergraduate degree, Mikolajczyk attended Texas A&M University School of Law. She worked as a policy intern for Texas Gov. Greg Abbott and as a research fellow with the Vermont Law School’s Center for Agriculture and Food Systems.
During her second year of law school, Mikolajczyk began working at the National Agricultural Law Center as a research fellow, where she focused on finance and credit issues, as well as other projects. Mikolajczyk will focus her research on general agricultural, food, and environmental law issues.
“When I became a research fellow in law school, my goal became to join the National Agricultural Law Center full time as a staff attorney,” Mikolajczyk said. “The center is the perfect place to continue developing my research and writing skills in while helping a broad audience to learn more about agricultural law. I’m looking forward to this next step in my new role.”
Learn more about NALC staff here.
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National Suicide Prevention Month & Farm Stress & Mental Health Resources: |
September was National Suicide Prevention Month. To provide resources to those who may be struggling, the National Agricultural Law Center conducted a social media campaign promoting the Farm Stress & Mental Health Resources State Compilation. This compilation provides state-by-state information regarding mental health resources such as hotlines.
Learn more about the Farm Stress & Mental Health Resources State Compilation here.
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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. Find recordings of all past webinars here.
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The NALC hosted the webinar, "Voluntary Approaches to Agricultural Water Pollution Reduction," on July 7th. There are many contributing factors, through both point and non-point sources, to water quality impairment in the United States. Numerous agricultural groups and others are actively engaged in addressing water quality concerns throughout the country. Congress chose to address point source pollution under the Clean Water Act using a regulatory approach with mandatory and prescriptive standards and permits. Agricultural runoff pollution, on the other hand, is managed via a state-led approach that is largely voluntary.
States use a broad array of voluntary approaches that allow individuals to choose whether or how to follow a course of conduct that could reduce the negative impacts of agricultural runoff on water quality. This webinar discussed types of voluntary approaches to agricultural water pollution reduction, particularly focusing on the current state of water quality trading and adaptive management frameworks.
Linda Reid, Principal Owner of Water 356, LLC. and Benjamin Edelstein were the presenters for this webinar.
You can find a recording of this webinar here.
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The National Agricultural Law Center held a webinar on Wednesday, July 21st, that provided an overview of legal approaches to dealing with noxious weeds on farmland.
Farmers and ranchers are familiar with noxious weeds—those invasive weeds that pose threats to the environment, people, and animals. Noxious weeds have always been a concern for agriculture due to their ability to affect crop yields, soil, and livestock health. Nearly all states in the U.S. have enacted laws that list prohibited noxious weeds and assign responsibility for eradicating prohibited noxious weeds in certain circumstances. These laws aim to reduce the potential of noxious weed invasions to neighboring lands. Even so, noxious weed problems appear to be on the increase, raising questions about noxious weeds and the laws that attempt to control them.
This webinar discussed the factors that may contribute to increased occurrences of noxious weed problems on farm and ranch lands, such as herbicide resistance, changing weather patterns, and seed transference. The webinar presented different approaches to controlling noxious weeds and compared state laws addressing noxious weeds in agricultural areas. The speakers also compared various approaches for reconsidering noxious weed laws, discussing changes that may be necessary to adapt to evolving noxious weed issues. Lastly, this webinar highlighted two publications for the National Agricultural Law Center: a state compilation of noxious weeds laws and a report that reviews and recommends legal approaches to dealing with noxious weeds and their impacts on farm and ranch lands.
The presenters for this webinar were Peggy Kirk Hall and
Dr. Mark Loux of The Ohio State University.
Find a recording of this webinar here.
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The Center's August webinar focused on the application of crypto and blockchain technologies to agribusinesses & environmental issues such as carbon offsets. The presenter, Carol Goforth, a University Professor at the University of Arkansas School of Law, briefly reviewed the regulators active in the space, discussed current crypto projects with agricultural applications, and shared how blockchain and cryptoassets can track & facilitate the effective use of carbon offsets.
Furthermore, all sections of the webinar tracked information found in papers focusing on cryptoassets and blockchain technology written for the National Agricultural Law Center. These papers contain detailed citations and links to online resources that may be useful for a more detailed consideration of the topics raised in the webinar.
Find a recording of this webinar here.
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The Center's September webinar discussed an overview of federal and state Purchase of Agricultural Conservation Easement (PACE) Programs. Development pressure in densely populated areas of the United States can be a cause of farmland consumption for residential and commercial development, which could, in turn, threaten the viability of existing farming operations. Purchase of Agricultural Conservation Easement programs, also known as PACE programs, are one of the legal tools that have been used at the state and federal levels to protect farmland and farming viability against development pressures. Through PACE programs, the government purchases the development rights to agricultural land in exchange for the imposition of an agricultural conservation easement upon the land.
This webinar provided an overview of, and background for, various state and federal PACE programs, including the recent consolidation of previous federal programs into one single program called the Agricultural Conservation Easement Program. The webinar also addressed how land is identified, evaluated, and selected for PACE programs as well as reviewing the pros and cons of the various methods employed. With many government-purchased easements now approaching or exceeding the 25-year mark, this webinar discussed the legal issues that have been addressed by these programs as well as the legal issues that have been raised by the continuation of these programs.
Find a recording of this webinar here.
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Ownership of U.S. land, specifically agricultural lands, by foreign persons or entities has been an issue dating back to the origins of the United States. This webinar explored the past, present, and future of federal and state laws as well as legislative proposals relating to foreign ownership of agricultural land. Specifically, the webinar addressed federal and state reporting statutes as well as existing and proposed federal state laws that seek to restrict or prohibit foreign ownership and/or other legal interests in farmland. The webinar also addressed noteworthy judicial developments in this area, as well as a review of the level of foreign ownership/legal interests in agricultural land.
National Agricultural Law Center Director Harrison Pittman was the speaker for this webinar.
View a recording of this webinar here.
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November 17, 2021:
We all know the importance of water to raising American food and growing American fiber. What happens when one of our most critical inputs is compromised across sectors and geographies? Throughout the American West, water storage is falling to unprecedented lows. Join us for a discussion about the water challenges agriculture faces as well as the opportunities presented by the current water crisis. You will be briefed on the current situation by water expert, James Eklund of Eklund Hanlon LLC, whose family has ranched for five generations in the Colorado River Basin. James will then lead a discussion about the next steps for American agriculture in light of climate-influenced aridification.
Learn more and register for this webinar 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.
July:
August:
September:
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Attorneys at the National Agricultural Law Center speak and present at events (virtually and in-person) in order to provide agricultural and food law research and information to the public. Below are the outreach activities from the third quarter of 2021.
July:
- Harrison Pittman, Center Director
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Multiple presentations to Mississippi Farm Bureau members on ag law issues on July 21
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NASDA DEI Lunch & Learn: Moderated Discussion on USDA Discrimination Cases led by Stephen Carpenter, Deputy Director and Senior Staff Attorney, Farmers Legal Action Group om July 29
- Rusty Rumley, Senior Staff Attorney
- Spoke about Agritourism during a presentation for Missouri Farm Bureau in Rolla, MO.
- Discussed Heir Property during a presentation with Farm Service Agency staff in Eastern Arkansas.
August:
- Elizabeth Rumley, Senior Staff Attorney
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Joined the AgLaw Today Podcast to discuss animal harvest and processing law on August 22, 2021. Click here to watch a recording of the podcast.
- Rusty Rumley, Senior Staff Attorney
- Attended and spoke at the Southern Ag Today Meeting in Biloxi, MS on August 18-19, 2021.
- Presented about estate planning on August 31, 2021at the Sustainable Forestry and African American Land Retention Join Regional Conference. This program was co-sponsored by the University of Arkansas at Pine Bluff Small Farm Program and Prairie View A&M University Cooperative Extension Program.
- Micah Brown, Staff Attorney
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Discussed carbon markets on August 27, 2021, during the AGI Sure Track Coffee Talk Webinar. Click here to watch a recording of the webinar.
September:
- Harrison Pittman, Center Director
- Spoke during the "Diversity, Equity, and Inclusion: Innovations in higher education + how industry can help" session at a conference hosted by Together We Grow.
- Presented on Careers in Ag & Food Law to undergraduate students participating in the National Association of State Departments of Agriculture's Next Generation Program.
- Elizabeth Rumley, Senior Staff Attorney
- Spoke about meat processing on the webinar, "The Meating: A Regional Meat Marketing and Processing Summit" on September 16, 2021.
- Presented during a webinar about agritourism and animal welfare on September 28, 2021 at Louisiana State University.
- Discussed Direct Marketing Beef during a webinar for Annie's Project on September 30, 2021.
- Rusty Rumley, Senior Staff Attorney
- Spoke about estate planning for Prairie View A&M University.
- Spoke on September 15, 2021 during the Armed to Farm Webinar, a program supporting farmer veterans.
- Spoke at the Southern Outlook Conference about carbon markets on September 20, 2021.
- Presented about estate planning on September 23, 2021 for the Arkansas Association of Conservation Districts.
- Discussed heir property at an event for the University of Arkansas at Pine Bluff on September 27, 2021.
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