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 Senate Bill 389 originally would have repealed all state regulations for any isolated wetland.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
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
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:
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
Predictions for WOTUS under President Biden
We are about one month away from a change in presidential administrations. The Biden administration will likely bring many obvious changes to the federal government, but will it impact whether the government has jurisdiction over ground or waters on your
Zoning for Solar Farms
Solar farms are the latest and hottest kid on the block when it comes to renewable energy in the midwest. As farmers are facing trade barriers, unpredictable weather, high land prices, and other financial challenges, the sun is proving to
Smokeable Hemp – Off Again in Indiana
Last month, the Seventh Circuit overturned an injunction meant to halt an Indiana law which bans smokeable hemp. This puts the law back in play unless and until a more narrow injunction is entered.The 2018 Farm Bill removes hemp from
"Open Fields" in Indiana: Can the Government Secretly Record Your Property?
Here in Indiana, can the government secretly record you and your family while you’re in the fields? A recent Farm Journal article on the “Open Fields” doctrine shines a light on this very practice in Tennessee. In short, several men
The Worst Hard Time: Wheat Farms Blown Away
Sixty years ago today (July 7), Hugh Hammond Bennett died. He was the “father of soil conservation” and was instrumental in slowing the ravages of the Dust Bowl in the 1930s. Through his work with the Soil Conservation Service (now