An Indiana court recently rejected a new argument advanced by opponents of a CFO. The opponents appealed a CFO’s state permit. They claimed a subsurface perimeter tile drain at a proposed hog farm constituted a “point source” of pollutants into
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Latest from Schroeder Ag Law Blog
Federal Court Rules on Iowa and Arkansas "Ag Gag" Laws
The First Amendment does not protect all speech. A federal appeals court just ruled it does give a person the right to gain access to a farm by “false pretenses.” On the other hand, the court held that the First
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Five Keys to a Successful Feed Contamination Case
Most of a livestock farmer’s resources are walking around on two or four legs out in the barns or the pasture. Animals are crucial to our food supply and the focus of the show world. To give livestock the best
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Methane Gas and Livestock Farms — a Win for Agriculture
Dairy farms—and other livestock operations—can be a leader in the battle against climate change. Farmers have always been conservationists. Farmers take care of their land, in part because they rely on the land. Livestock farms are no different. Methane gas
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Mississippi Court Protects Farmers' Deer Cannon Use
The Supreme Court of Mississippi ruled in May 2021 that the state’s Right to Farm Act protected farmers’ use of cannons to scare deer away from fields where the farms had been in operation for more than one year. The
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How Will Indiana's Isolated Wetlands Act Impact Agriculture?
Indiana Governor Eric Holcomb signed the controversial isolated wetlands bill into law on April 29, 2021. What, if anything, does that mean for agriculture? Senate Bill 389 originally would have repealed all state regulations for any isolated wetland. In its
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Enhanced Trespass or "Ag Gag" Litigation Updates
I’ve written about Indiana’s enhanced trespass statute before. Activist groups continue to challenge what they call “ag gag” laws around the country, alleging the laws violate the First Amendment or the Equal Protection clause. This post provides a quick
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Questions to Ask Your Solar Tenant
Many landowners in the Midwest have been approached by a new kind of tenant. These days, a new lessee may ask for a lease term of 20, 30, or even 50 years. These companies are not cash rent farmers. They
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Litigating in the Age of Covid: Three Big Things (and the Cat Lawyer)
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:
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Making Agriculture a Part of the Solution
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
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