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.
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In a Digital World, Don't Lose Sight of Contract Basics
By Todd Janzen
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
By Todd Janzen
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
By Todd Janzen
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)
By Todd Janzen
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…
Who is a "Foreign Person" in the Eyes of USDA?
By Todd Janzen
Midwestern politicians are drumming up support for increased oversight of foreign ownership of US agricultural farmland. At the state and federal level, there are bills seeking to reduce or increase reporting obligations for foreign ownership of farmland. Arkansas even went…
Using Ag Data to Win Your Case
By Todd Janzen
Farm Journal’s recent article featured one of our long-fought cases against the Indiana Department of Natural Resources (DNR) for crop damage (Damned by Data: State Destroys Farmer’s Yield, Pays $810,000 in Damages). As explained in the article, our…