Maryland Risk Management Education Podcast
141 episodes - English - Latest episode: 5 months ago - ★★★★★ - 1 ratingPodcast geared towards discussing crop insurance, risk management education, farm policy, and agricultural and food law issues facing Maryland agriculture. Any images you see are by Edwin Remsberg unless otherwise noted.
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Episodes
CERCLA Part 2: Reporting Ammonia Emissions Issues With Ashley Ellixson
February 21, 2018 16:00 - 14 minutes - 26.9 MBIn this episode, Paul is joined by Ashley Ellixson of United Dairymen of Arizona to discuss Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Jon Moyle, Jenny Rhodes, and Kelly Nuckolls, Reporting Continuous Release Emissions (UME, Jan. 16, 2018). You ...
CERCLA Part 1: Court Ruling Requires Livestock Operations to Report Ammonia Emissions
February 07, 2018 16:00 - 12 minutes - 23.7 MBIn this episode, Paul discusses a 2017 court ruling that will require livestock operations to report ammonia emissions under a federal law theComprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Materials discussed in this episode: EPA, CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms (last visited Feb. 4, 2018). Goeringer, Paul, Court of Appeals Rules Against Animal Ag Reporting Exemption in ...
Ninth Circuit's Ruling Gives New Life to Ag Gag Laws
January 24, 2018 16:30 - 20 minutes - 38.2 MBIn this episode, Paul discusses the recent Ninth Circuit Ruling that found portion of Idaho's ag gag law constutional, reversing a lower court decision that found the entire law unconstitutional. This ruling may open up new opportunities for these laws if written properly. Materials discussed in this episode: Ellixson, Ashley, Idaho's "Ag Gag" Law Found Unconstitutional (AREC, Oct. 6, 2015). Goeringer, Paul, Ninth Circuit Upholds a Portion of an Ag Gag Law (AREC, Jan. 24, 2018). If...
Top Legal Developments in 2017: A Joint Podcast with Ag Law in the Field
December 05, 2017 05:30 - 50 minutes - 83.7 MBIn this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2017. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Dicamba drift lawsuits (post 1) (post 2) WOTUS and Duarte case (post 1) Syngenta settlement (post 1) Emissions reporting for animal operations (post 1) Ag gag court rulings (posts 1) (posts 2) Cow Palace Insurance Exemption decision (post 1) or...
Recording of Identical Livestock Brands in Different Locations Violated State Branding Law
November 15, 2017 15:00 - 11 minutes - 22.4 MBIn this episode, Paul discusses a recent decision out of Arizona interpreting the state's branding law. The Supreme Court of Arizona held that the state's branding law did not allow for registering identical brands even if used at different locations. Materials discussed in this episode: Goeringer, Paul, Recording of Identical Livestock Brands in Different Locations on An Animal Violated State Law Precluding Identical Brands (AREC, Nov. 1, 2017). Goeringer, Paul, What Are Brand Laws? W...
Absolute Pollution Exclusion in Insurance Policy Excludes Damage From Manure
November 01, 2017 15:00 - 14 minutes - 27 MBIn this episode, Paul discusses a recent federal district court decision that found that an insurance policy with an absolute pollution exclusion excluded damage caused by manure. The insurance company was also found to have no duty to defend the insured party. This decision involves the Cow Palace Dairy that had earlier settled claims that manure had leaked into groundwater and agreed to clean up costs associated with the damage. Materials discussed in this episode: Ellixson, Ashley,...
Wyoming’s Data Trespass Statute Violates the First Amendment of the Constitution
October 18, 2017 15:00 - 15 minutes - 28.2 MBIn 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: Goeringer, Paul, Wyoming’s Resource Data Collection Statute Violates the First Amendment of the Constitution (AREC, Oct. 3, 2017). ...
Maryland Circuit Court Rules That County Pesticide Ordinance Preempted By State Laws
October 04, 2017 14:00 - 15 minutes - 28 MBIn 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 pesti...
Two Class Action Complaints Filed Focused on Monsanto Dicamba Resistant Varieties and New Dicamba
September 20, 2017 14:00 - 12 minutes - 23.3 MBIn 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...
When is a Farmer Not a Farmer? Tax Court Case Highlights Complexity in Federal Tax Law
September 06, 2017 13:00 - 12 minutes - 23.9 MBIn 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. Mate...
After Experiencing Drift Damage, What Should You Do?
August 23, 2017 13:30 - 9 minutes - 18.2 MBIn 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: Goeringer, Paul, After Experiencing Drift Damage, What Should Y...
Utah’s Ag Gag Law Violates The Constitutional But Producers Still Have Options
August 09, 2017 13:30 - 16 minutes - 31.4 MBIn 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...
Frequently Asked Questions: How Do I Get Paid for Services?
July 26, 2017 13:00 - 10 minutes - 20.1 MBIn 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: Goeringer, Paul, Getting Paid For Your Custom Services (Progressive...
Interviewing Attorneys Before You Hire One
July 05, 2017 13:30 - 15 minutes - 29.9 MBIn 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: Goeringer, Paul, Finding An Attorney for Your Case Requires Asking the Right Questions (2017). If you have questions for Paul contact him at [email protected], tweet him @aglawPaul or 301-405-3541.
Recent Court of Appeals Impacts Hobby Drone Registration
June 21, 2017 13:30 - 9 minutes - 18.1 MBIn 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: Goeringer, Paul. Court of Appeals Rules That FAA Overstepped Authority When Requiring Hobby Operators to Register UAVs (2017). If you have questions for P...
More On Ag Leases, This Time with Tiffany Lashmet
May 24, 2017 13:00 - 24 minutes - 46.4 MBDeveloping 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: Lashmet, Tiffany, Shannon Ferrell, Rusty Rumley,...
What Makes an Ag Lease an Ag Lease?
April 26, 2017 14:30 - 11 minutes - 22 MBIn 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: Goeringer, Paul. One Old Mare Not Enough to Create Ag Lease, Says One State...
Industrial Hemp Still Illegal to Cultivate in Maryland
April 12, 2017 13:30 - 6 minutes - 11.5 MBIn 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: Goeringer, Paul. Industrial Hemp Still Illegal To Cultivate In Maryland (2016). If you have questions for Paul contact him at [email protected], tweet him @aglawPaul or 301-...
Frequently Asked Questions: Can I Trim Back My Neighbor's Tree From My Property?
April 05, 2017 13:30 - 7 minutes - 13.9 MBThis 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: Goeringer, Paul. Frequently Asked Questions: Can I Trim My Neighbor’s Tree Off My Property? (2017). If you ha...
Help Paul, I Just Inherited Farmland with My Siblings
January 25, 2017 14:00 - 9 minutes - 18.9 MBA 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: Goeringer, Paul. Help, I Just Inherited the Family Farm With My Siblings. Now What? (2016). If you have questions for Paul contact him at lgoe...
State Court Rules State's Right-to-Farm Law is Unconstitutional As-Applied
January 18, 2017 14:45 - 12 minutes - 24.3 MBThe 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: Goeringer, Paul. Court of Appeals Finds State’s Right-to-Farm Law is Unconstitutional As Applied (2017). Goeringer, Paul and Lori Lynch. Understanding Agricultural Liability: Maryland's Right-to-Farm Law (2013). R...
Ninth Circuit Busy With Decisions Impacting Ag Law
December 14, 2016 15:30 - 21 minutes - 41.1 MBThe 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 68...
Utilizing a Business Organization Structure on the Farm
November 02, 2016 12:00 - 22 minutes - 38.7 MBAfter 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: Ellixson, Ashley, A Family Farm Business Entity in Maryland: What You Need to Know (April 2015); and E...
Tools Available to Help Set Rental Rates on Farmland
October 19, 2016 13:00 - 11 minutes - 22.3 MBWith 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: Center for Farm Financial Management, FairRent. University of Maryland Extension, Lease Agreement...
DC Circuit Court of Appeals Overrules OSHA on Worker Standard Memo
October 12, 2016 12:00 - 9 minutes - 18.3 MBIn 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: Paul Goeringer, Federal Agency Must Follow Proper Process Before Removing Exemption Which W...
Liability Issues During Harvest
October 05, 2016 12:00 - 9 minutes - 17.5 MBFires 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 [email protected], tweet him @...
Recent Court Decision Highlights Need to Have Plan to Wind Down Partnership
September 28, 2016 13:00 - 11 minutes - 22.3 MBWhen 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 h...
Freedom of Information Act, Agriculture, and a Recent Eighth Circuit Decision
September 21, 2016 12:00 - 16 minutes - 31.2 MBRecently, 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 Eigh...
What are Right-to-Farm Laws
September 14, 2016 12:00 - 10 minutes - 20.6 MBIn 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 [email protected], tweet her at @mayhah_s or 301-405-9576. If you have questions for Paul contact him a...
Opening an On-Farm Distillery in Maryland
September 07, 2016 12:00 - 9 minutes - 18.3 MBLast 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 [email protected], tweet her at @mayhah_s or 301-405-9576. Resources discussed in this episode are Opening a Distillery: Legal Details Th...
Opening a Farm Brewery in Maryland
August 31, 2016 12:00 - 8 minutes - 15.8 MBFarmers 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 [email protected], tweet her at @mayhah_s or 301-405-9576. Resources discussed in this episode are Microbreweries and ...
Phosphorus Management Tool: What Does it Mean?
August 24, 2016 12:00 - 15 minutes - 29.3 MBPaul takes a break from this episode and instead Ashley Ellixson takes over the host chair. In this episode Ashley is joined by Dr. Nicole Fiorellino to highlight the Maryland Phosphorus Management Tool (PMT) and the details farmer's need to know to be in compliance. Additionally, Dr. Fiorellino addresses many FAQs from industry as well as producers on the science behind phosphorus and nutrient management. If you have questions contact Dr. Nicole Fiorellino at [email protected]. You can ...
Who Owns Farm Data?
August 17, 2016 13:00 - 24 minutes - 46.4 MBProducers are collecting and relying more on ag data collected by farm equipment. Much of this data might be uploaded to the "cloud" and stored with third party. Storing with third parties can lead to questions of who owns farm data? In this episode, Paul is joined by his colleague, Ashley Ellixson, extension legal specialist, and Dr. Terry Griffin, cropping systems economist, Kansas State University. Resources discussed in this episode: Ellixson, Ashley. Legal and Economic Implication...
What to Consider When Bringing Interns Into the Operation
August 10, 2016 12:30 - 15 minutes - 30.3 MBHiring interns for an operation can be useful for both producer and intern. But at the same time, producers need to understand the rules for when interns have to paid and can work for free. In this episode, Paul is joined by Sarah Everhart, legal specialist, Francis King Carey School of Law, University of Maryland and the Agriculture Law Education Initiative. If you have questions for Sarah, you can email her at [email protected] or 410-458-2475.
How Important Is Wireless in Rural Areas?
August 03, 2016 13:00 - 23 minutes - 45 MBAs producers use more and more technology in their operations there is a need to be connected to wireless networks to be able to move large amounts of data. In this episode, Paul is joined by Dr. Terry Griffin, cropping systems economist, Kansas State University, to discuss the need for wireless connectivity in rural areas. If you have questions for Dr. Griffin, you can email him at [email protected] or tweet him at @spaceplowboy. You can email me at [email protected] or tweet me at @agla...
What Should You Consider When Leasing Land with a Conservation Easement in Place?
July 27, 2016 12:00 - 11 minutes - 21 MBFarmland in Maryland may contain a conservation easement over the property. Conservation easements limit the use of the property forever. Leasing farmland with a conservation easement on it may create special issues for landowners who have never leased farmland before. This episode highlights a recently developed publication by Mayhah Suri and Paul Goeringer discussing leasing farmland with a conservation easement in place. Mayhah joins Paul to highlight what landowners and tenants sh...
Episode 5: Solar Leasing Considerations
July 20, 2016 13:00 - 11 minutes - 21 MBIn this episode, Paul is joined by Ashley Ellixson, extension legal specialist, Department of Ag and Resource Economics and the Ag Law Education Initiative, to discuss some basic considerations landowners need to consider when presented with a solar energy lease.
Episode 4: Hey Paul, Can I Shoot Down a Drone?
July 13, 2016 16:00 - 8 minutes - 14.8 MBOne issue related to drones and privacy we have not dealt with so far is: “Can I shoot down a drone over my property?” The simple answer to this question is NO! Shooting down a drone flying over your property is never a good idea. In this episode, I discuss why it's never a good idea to shoot down a drone. Remember if you have questions please email me at [email protected] or tweet me at @aglawPaul. Feel free to send thoughts on other podcasts to me as well. Resources discussed in this...
Episode 3: Look at Final Rule Changes to Common Crop Insurance Policy
July 06, 2016 16:00 - 7 minutes - 14.3 MBIn late June, USDA’s Risk Management Agency (RMA) announced changes to the Common Crop Insurance Policy to clarify “practicability to replant” and clarify recordkeeping issues associated with indemnity payments in a double-cropping system. At the same time, RMA is seeking comment on these changes by the public. The public will have until August 22, 2016 to make comments (https://www.regulations.gov/document?D=FCIC-16-0002-0001).
Maryland Ag Extension Podcast #2
June 21, 2016 18:00 - 6 minutes - 11 MBFor many Maryland farmers, June 30 is a date when notice of termination must be given or received in order to terminate a farmland lease for 2017. Delaware farmers have till August 31 to make this decision. This episode discusses how to give proper termination and resources available to assist you.
Maryland Ag Extension Podcast Episode #1
June 21, 2016 16:00 - 2 minutes - 4.87 MBWelcome to a new and somewhat exciting podcast related to Maryland agriculture, legal issues, farm policy, and other topics. This podcast episode is put together by Paul Goeringer, extension legal specialist, with the Department of Agricultural and Resource Economics, University of Maryland.