State and federal courts have long held that a constitutional taking may occur from government-induced flooding. The Indiana Supreme Court recently handed down a unanimous decision explaining how courts should analyze permanent and temporary takings by flood waters. This decision
Janzen Agricultural Law LLC
Janzen Agricultural Law LLC is a law firm specializing in agricultural law, serving farmers, agricultural technology companies, and agribusinesses. The firm focuses on legal issues related to farming operations, regulatory compliance, environmental matters, contracts, and litigation within the agriculture sector. It addresses challenges faced by livestock, grain, and specialty crop farms, as well as emerging ag technology providers and food-related businesses. The firm also engages in discussions on the evolving role of technology in agriculture, data privacy, and regulatory developments affecting the industry. Janzen Agricultural Law LLC publishes blogs and newsletters that analyze legal trends, environmental regulations, and policy issues impacting agriculture and agribusiness.
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Five Ways ChatGPT Will Change Agriculture
ChatGPT is all over the news lately. If you missed it, ChatGPT is a form of artificial intelligence (AI) operated by OpenAI. ChatGPT is trained on data from various sources, including books, articles, websites, and other publicly available text type…
Carbon Storage: Different State Approaches to the Underworld
Carbon capture and storage involves storing carbon thousands of feet below ground—often below farms, fields, and rural landscapes. But who owns the pore space so deep underground? State legislatures around the country have been trying to address this question, with…
The Big Stories from 2022
As we close in on the end of 2022, it is worth looking back to see what happened this year. I don’t just mean your Spotify Wrapped playlist, although that is fun (Billy Strings, Tyler Childers, Taylor Swift, and the…
ESG Reporting and Agriculture
I recently moderated a panel of experts on ESG (Environmental, Social, Governance) reporting. Companies (from large publicly traded organizations to closely held family businesses) are facing pressure by governments, investors, stakeholders, and the public in general to stave off further…
The Digitalization of Grain Contracts
At the recent American Ag Law Association conference, I presented on a panel on how grain trading is moving from paper to digital contracting at all points in the supply chain. This post is a summary of that presentation.
The…
Who Owns "Pore Space" Deep Under Your Land?
Most agricultural landowners are familiar with the concept of “mineral rights.” Real property law has long recognized the right of a landowner to sever the surface rights with the subsurface right to extract minerals from the land. In legalese, these…
How Did Prop 12 Become a Morality Case?
In October 2022, the Supreme Court of the United States held oral arguments over California’s Prop 12 law which dictates how breeding pigs must be housed for their pork to be sold into the state. But why were the Justices…
FETTI Conference Review
I attended and presented at the FETTI (the National Forum for Environmental & Toxic Tort Issues) conference in Chicago last week. This was my first time attending the event, but won’t be my last. Three issues stood out to me:…
A Look at the Principles for Transparency in Ag Climate Markets
Grower acceptance of soil carbon sequestration programs seems to be lagging, based upon my unscientific observations. There are many speculations about why this is true, including the minimal payments most programs are offering in exchange for somewhat lengthy agreements growers…