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.”
Schroeder Ag Law Blog
The Schroeder Ag Law Blog, published by Janzen Agricultural Law LLC, focuses on legal issues affecting agriculture, agribusiness, and ag technology. It covers topics such as regulatory compliance for farms, environmental law, land use and zoning, eminent domain related to renewable energy projects, agricultural data privacy, and contract law for agricultural operations. The blog also addresses emerging challenges in agricultural technology, including AI's role in contract drafting and data management. It discusses federal and state regulatory developments impacting livestock, crop production, and agribusinesses, as well as litigation and policy trends relevant to farmers, agribusiness companies, and agricultural service providers.
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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…
Indiana Agriculture in Laos
Before this spring, I had never been to Asia. In April, my Agricultural Leadership Program (ALP) Class 18 traveled to South Korea and Laos. The two countries cannot be more different. Laos is very much still developing, suffers even today…
WOTUS, Yet Again.
One area of law refuses to stay consistent from year to year—Waters of the United States, or WOTUS, for frequent fliers. The Supreme Court decided the Sackett case for a second time this past summer, limiting federal jurisdiction over wetlands.…