There is a lot of change these days in the local wind and solar zoning world. It seems that every week, a new county changes its setbacks, imposes a moratorium to stop a wind or solar project, or clarifies its
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Using Agricultural Data to Address Sustainability Challenges
The following article is a summary of my presentation to the 32nd Annual No-Till Conference written by Landon Swan, No-Till Farmer Magazine, regarding the ag data issues arising from the USDA’s Partnership for Climate Smart Commodities.
Ag data has become…
What does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)
On June 28, 2024, the United States Supreme Court overturned a 40-year-old precedent. Since 1984, the Chevron doctrine has required courts to give deference to the way an administrative agency interpreted its own rules when those rules were ambiguous.…
In a Digital World, Don't Lose Sight of Contract Basics
Playing basketball in my younger days, I remember one thing would happen in practice after any loss—the coach would make you go back to practice basic fundamentals. Dribble. Pass. Shoot. It was a good life lesson. Any time you find…
Tacos are Sandwiches under Indiana Zoning Law
An Indiana judge has answered the age-old question…is a taco a sandwich? The answer, at least under Indiana zoning law, is YES. A landowner in Fort Wayne, Indiana wanted to develop his property. He sought a rezoning from R1…
New Concepts in the Updated Core Principles for Ag Data
Ten years after American Farm Bureau Federation first publicized the Ag Data Core Principles, the Ag Data Transparent organization undertook the effort to update the principles to reflect changes in the ag data market. This post explores some of…
Insets vs. Offsets on the Farm
Climate change has brought new words into our vocabularies that barely existed a decade ago. Two words frequently used when discussing reduction of the carbon footprint for agriculture are “insets” and “offsets.” This post explores these terms as they pertain…
Updated Core Principles for Ag Data (2024)
In 2014, American Farm Bureau Federation led industry roundtable discussions about collection, use, and sharing of agricultural data from farmers. The result of those discussions was the creation of a document called the Privacy and Security Principles for Farm Data,…
Another Government Flooding Takings Case!
On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their inverse condemnation claims against the State of Texas under the federal Takings Clause through the existing Texas state law. Many people understand the government has…
No Deference to the Agency? Environmental Appeals in Indiana have Changed.
Indiana House Enrolled Act 1003 changes the way we litigate administrative appeals. This will impact confined feeding challenges, permit modification appeals, and other regulatory decisions by our the Indiana Department of Environmental Management (IDEM).
Lady Justice considering an administrative appeal…