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
Latest from Schroeder Ag Law Blog
Re-Examining Indiana Water Law in Light of Today's Competing Demands
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
Mounting Litigation Over PFAS in Biosolids
A series of recent New York Times pieces have sounded the alarm about PFAS chemicals in biosolids on agricultural ground. First, there was the article on August 31, 2024 entitled “Something’s Poisoning America’s Land. Farmers Fear ‘Forever’ Chemicals.”
Who Decides if a County Solar or Wind Ordinance is Valid?
There is a lot of change these days in the local wind and solar zoning world. It seems that every week, a new county changes its setbacks, imposes a moratorium to stop a wind or solar project, or clarifies its
What does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)
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.
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
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
2024: Water Problems in the Heartland
In the Midwest, we’ve historically had more than enough water for everyone. Agricultural, industrial, and residential uses have all developed more or less peacefully (at least in terms of access to water). This usually meant a laissez-faire approach to state
Should Rural Landowners be Worried about PFAS?
The headlines about PFAS are everywhere from agricultural news websites to Good Morning America. But what should farmers and rural landowners be worried about when it comes to PFAS? From a real property standpoint, the biggest potential PFAS problem facing