On June 25, 2026, the United States Supreme Court issued a much-awaited decision in Monsanto v. Durnell. The Court, in a 7-2 vote, overturned a jury verdict for the plaintiff, holding a federal law that regulates pesticides preempted plaintiffs’
The Indiana Supreme Court is currently considering when an appeal of a BZA decision must be filed. Put simply, the question is whether the deadline for an appeal is 30 days after the decision (usually made during a BZA hearing)
“Notice” is a frequently used concept in the legal world. How do you give notice to a defendant of a lawsuit? For a zoning hearing, how do you satisfy the notice requirements — individual mailed notices and publication notice? How
In the waning hours of 2025, the Indiana Court of Appeals handed down an important victory to an Indiana dairy farm, affirming the zoning approval given by the county board more than 18 months earlier. This appellate win allows the
I recently attended and spoke at the American Bar Association’s national conference for the Section of Environment, Energy, and Resources (SEER) in DC. Here are the top three issues I heard about that could impact agriculture in 2026.
not shutdown:
Eminent domain is government’s ability to “take” privately owned land for a public purpose in exchange for “just compensation” paid to the landowner. How far can the “public purpose” stretch? Could a public utility use eminent domain to take land
Earlier this month, the U.S. District Court for the District of Columbia upheld the EPA’s rule exempting air emissions from animal waste from EPCRA reporting requirements. This is a significant win for farmers because it confirms that normal emissions from
Last year, Indiana’s legislature modified the appeal process for IDEM permits and other administrative law proceedings. I wrote about this change to the Administrative Orders and Procedures Act (“AOPA”) about a year ago. Those amendments had a similar impact
Like many states, Indiana’s General Assembly is currently in session. There are a number of agricultural bills on deck this year, including one which would impact livestock and poultry farmers across the state. On February 3rd, the Indiana Senate Environmental
In some ways, Indiana is completely unlike Arizona or California when it comes to water. For most of the past 50 years, our focus has been water quality, not quantity. Even now, when it comes to the water question in
