Janzen Agricultural Law LLC

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Latest from Janzen Agricultural Law LLC

As we approach the one-year anniversary of the COVID-19 virus stopping the world in its tracks, my mind wandered to more superficial things this pandemic has changed. Namely—how we litigate . Three big changes jump to mind. Here they are: Depositions. As part of a lawsuit, the parties engage in “discovery,” which is the process of sharing information with the other parties in the case. This includes producing documents, answering written questions, and eventually, taking…
The market is buzzing with carbon reduction platforms designed to pay farmers for following established carbon reduction protocols. Indigo Ag, ESMC, FBN, Bayer/Climate Corporation, Nori, and Nutrien are just some of the players in these new carbon reduction platforms for row crop and grain farmers. Livestock producers are also seeing changes in how they produce proteins driving by the buyers of these commodities. What all of these efforts have in common—they all rely on data…
On January 27, the Biden Administration signed new executive orders to address climate change. Unsurprisingly, the orders included language directed to preserve manufacturing jobs, move towards clean energy, build a modern infrastructure system, and focus on scientific evidence. For my purposes, that is all great news. However, more importantly for this article, Biden also signaled that the United States Department of Agriculture (USDA) will play a key role in the Administration’s climate strategy. What might…
The ag data transformation of agriculture is well underway. Five years ago, the Ag Data Transparent (ADT) launched with a mission to bring clarity and simplicity to farmers’ decisions to use online ag data platforms. The central part of ADT’s vision was fulfilled by creating a certification process that involved tech providers answering 10 questions about how they collect, share, and use farmers’ ag data. Online ag data platforms have matured a lot since 2016,…
Here are the 11 questions that ag tech companies must answer in order to become Ag Data Transparent certified. Who is the tech provider? What products, platform, or services within the tech company are certifying as Ag Data Transparent? Who are the primary users of the product, platform, or services? What categories of data does the data platform collect? Do the tech company’s agreements with the user address ownership of user data?  Does the tech…
Each year at this time I like to reflect on what the big events were over the last twelve months. Here are the news articles and stories getting the most interest on the Janzen Ag Tech Blog in 2020. Covid-19. There is no summary of 2020 that does not include the Covid-19 pandemic. Our office, like many, was closed for much of the late spring and early summer as we shifted to working from home.…
We are about one month away from a change in presidential administrations. The Biden administration will likely bring many obvious changes to the federal government, but will it impact whether the government has jurisdiction over ground or waters on your property? In other words, will the Biden government seek to change the definition of Waters of the United States (“WOTUS”)? In August 2015, the Obama administration’s WOTUS definition became effective. Less than two years later,…
I feel like it was about five years ago when the gates were opened to the ag data land rush. Small ag-tech companies and multinational legacy companies all entered the ag data space, each rushing to grab as many acres or customers as possible. As we near the end of 2020, I thought it would be worth reflecting on how ag data has changed during this five-year period. Ag data is an international commodity. We…
A recent AgWeb article made a bold claim: Tesla is the biggest threat to farming today. I’ve always considered Tesla to be an enormous innovator—more likely to improve the efficiencies of farming than to threaten it. What could the author possibly mean? In article, Wells Fargo Economist: Biggest Threat to Farming is Tesla, the author more pointedly explains that the adoption of electric vehicles by consumers is the biggest direct threat to ethanol, and…
Solar farms are the latest and hottest kid on the block when it comes to renewable energy in the midwest. As farmers are facing trade barriers, unpredictable weather, high land prices, and other financial challenges, the sun is proving to be an attractive source of revenue. There are questions about what should be included in a solar lease, which Todd posted on here, and I’ll write more on later. This post instead deals with…