Ag Law In The Field

Special use property tax valuation options are an important consideration for all Texas landowners.  Today, Tim Milligan from Plateau Land & Wildlife joins me to chat about wildlife management valuation.  How does it work? What is required?  How does someone get started?  Tim has all the answers! Contact info for Tim Email: tmilligan@plateauwildlife.com Phone: 512-894-3479 Links to topics mentioned on the show - Plateau Land & Wildlife website - Plateau webinars  - Prior property tax episode with Cassie Gresham - Texas Parks and Wildlife website 

Much of the western half of the United States, including Texas, is facing serious drought conditions.  Today, I'm joined by Dr. Justin Benavidez, Texas A&M AgriLife Extension Economist to discuss some of the programs available to help producers manage risk during a drought.  In particular, we're focusing on LFP, PRF, ELAP, NAP, and LIP. Dr. Benavidez' Contact Information Contact info for Dr. Justin Benavidez (Email) justin.benavidez@ag.tamu.edu (Blog) https://agrilife.org/amarilloagecon/  (Twitter) @amarilloagecon Links to Topics Mentioned on the Show Prior podcast with Dr. Benavidez on Beef Industry Hot Topics  Drought Monitor Livestock Forage Protection Program Fact Sheet LFP Program Eligibility Maps Prior podcast on PRF insurance USDA PRF Decision Tool  USDA PRF Frequently Asked Questions ELAP Program Information ELAP Fact Sheet NAP Disaster Program Fact Sheet  LIP Fact Sheet Justin's Blog

As has become a tradition, we are recognizing Mental Health Awareness month with an important conversation about mental health and agriculture.  My friend, Shannon Ferrell, joins me to offer some great information, practical tips, and encouragement for anyone struggling. Contact Info for Shannon Ferrell (Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell Website   Links to Topics Mentioned on the Show Prior podcast episodes with Shannon Ferrell Wind Leases Farm & Ranch Transition Planning Transition Planning & Lessons from the S Lazy H  Prior mental health podcast episodes Ted Matthews (Farm & Ranch Families + Mental Health) Adrienne DeSutter (Agriculture + Mental Health Awareness Month) Lesley Kelly (Agriculture & Mental Health)  State Bar of Texas John Huffaker Ag Law Course  Dr. Matt Brosi at Oklahoma State University Mental Health First Aid  QPR Institute  Oklahoma State University Farm Stress Website  National Agricultural Law Center Farm Stress and Mental Health: W

If we want someone who knows the in and outs of ag labor and immigration policy, it's Kristi Boswell.  Throughout her career, she has worked on this issue.  She joined us today to chat about the current issues with ag labor and immigration policy and some of the proposed changes that we have seen over the past several years.   Contact Info for Kristi Boswell  Website Phone: 202.239.3236 Email: kristi.boswell@alston.com   Links to Topics Mentioned on the Show - American Agricultural Law Association  -Prior podcast episode on H-2A Visa program -Prior podcast episode on H-2A program in light of the COVID-19 pandemic -2021 Notice of Proposed Rulemaking - Farmers.gov H-2A Educational Checklist - Farm Workforce Modernization Act of 2021

We had a listener request for a podcast episode about prescribed burn laws in Texas, and luckily, I knew just the guest to invite!  Dr. Morgan Treadwell and I walk through the various laws and considerations for prescribed burns in Texas. Contact Info for Dr. Morgan Treadwell Phone: (325)657-7317 E-mail: Morgan.Treadwell@ag.tamu.edu Twitter (@eXMorganRussell) Facebook  West Texas Rangelands blog Links to Topics Mentioned on the Show - Texas Prescribed Burn Handbook - Online Prescribed Burning School - Prescribed Burning: Liability Considerations  - Info on prescribed burn plans - Great Plains Fire Science Exchange - Joint Fire Science Program - Southern Fire Exchange  - Texas Natural Resources Code Chapter 153 - TDA list of Certified and Insured Prescribed Burn Managers  

I'm thrilled to have Rob and Chris with us to share about Texas forestland and timber contracts.  I learned so much from this podcast episode, and I'm confident you will too! Contact Info for Rob Hughes TFA Website Email:  rhughes@texasforestry.org  Twitter:  @TFARobHughes Contact Info for Chris Adams Vision Forestry Website Email:  cadams@vision-forestry.com   Links to Topics Mentioned on the Show - Texas Forestry Association - Vision Forestry - Association of Consulting Foresters  - Manual for the Appraisal of Timberland - Understanding & Evaluating Carbon Contracts - Carbon contract podcast episode  - Local county forest landowner associations  - Texas Accredited Foresters  - Texas A&M Forest Service - Forestry organizations - Timber Price Trends  

The use of entities like trusts, LLCs, and limited partnerships can be extremely useful in developing a good farm or ranch estate plan.  Today, Leah Davis joins me to help talk us through some of the most commonly used entities, how they can be helpful, and how to choose the right option for you. Contact Info for Leah Davis Website Email: ldavis@bmwb-law.com Other Information Mentioned on the Show Prior episode on business entities Prior podcast episode on farm & ranch estate and transition planning Prior podcast episode on transition planning and lessons from the S Lazy H Prior podcast episodes on trusts Texas Secretary of State business website Prior podcast episode on transfer on death deeds

What questions should I ask when looking at a piece of property?  What should I look out for?  How do I know if this property is right for me? These were the types of questions that made me invite Clint Robinson on the podcast to offer tips to folks purchasing rural property in Texas. Contact Info for Clint Robinson Website Phone:  806-786-3730 Email:  clint@csmandson.com Links to Topics Mentioned on the Show

I am so excited to have Emily Unglesbee join me to talk about some of the hot topics related to pesticides and herbicides in agriculture.  We had lots to discuss...and even in the week since we recorded, there has been more news stories on these issues. Contact Info for Emily Unglesbee Twitter:  @Emily_Unglesbee Links to Topics Mentioned on the Show List of Emily's recent articles Emily's article on new Enlist registrations Emily's article on the Enlist county bans  Emily's article on Chlorpyrifos tolerance restriction Emily's article on lawsuit seeking to hault Chlorpyrifos rule Emily's artilce on dicamba damage in 2021 Emily's artilce on pending dicamba lawsuit Blog post on 2020 Ninth Circuit dicamba ruling Emily's artilce on improper interference with 2018 dicamba registration  Blog post on December 2020 dicamba registration  Emily's article "What the Endangered Species Act Means for Ag Pesticide Use" Emily's artilce on potential pesticide shortages  Emily's artilce on the glyphosate force maj

You know if we're talking WOTUS, our guest has to be Jim Bradbury!  Jim has walked us through the various WOTUS updates numerous times over the past five years.  Today, he's here to give us an update on the new "waters of the United States" definition that has been proposed by the Biden administration. Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind Links to Topics Mentioned on the Show  Episode #3 - Jim Bradbury (WOTUS Rule) Episode #16 - Ask an Ag Lawyer Program Recap Episode #29 - Jim Bradbury (WOTUS Update)  Episode #30 - Jim Bradbury (CERCLA Air Emissions Reporting & Agriculture) Episode #51 - Jim Bradbury (WOTUS Update)  Episode #58 - Jim Bradbury & Jesse Richardson (Pros and Cons of Conservation Easements)  Episode #81 - Jim Bradbury (Navigable Waters Protection Rule) The Clean Water Act and Agriculture: The Basics Blog post on Navigable Waters Protection Rule  Proposed regulation from Biden Administration

Our friend, Trace Blair, is back!  Trace joined me to walk us through the three limited liability statutes that exist to protect rural Texas landowners and ag producers.  Specifically, this episode offers an update to the details and rules surrounding the Farm Animal Liability Act that went into effect on September 1, 2021. Contact information for Trace Blair (Email) tblair@wigrum.com  (Website) http://www.wigrum.com/attorneys/trace-blair/    Links to resources mentioned on the show - Prior episode with Trace Blair on hunting leases - Blog post on the Texas Recreational Use statute - Where Can I Find the Agritourism Act Signs? - Texas Farm Animal Liability Act statute - Article on the Waak case - Blog post discussing amendments to Farm Animal Liability Act - Texas Farm Animal Liability Act FAQs

We're excited to kick off the year joined by a super star in the ag media world, Ag Day anchor and Farm Journal editor, Clinton Griffiths.  Clinton shares his story of becoming involved in ag media and offers us a few issues to watch in 2022. Clinton's Contact Information Twitter:  @ClintonReports   Links to Other Topics Mentioned on the Show Ag Day Farm Journal Story on tornado victims Story on OK turkey hunter surviving wildfire Interview with Undersecretary Robert Bonnie on climate smart agriculture My podcast episode on carbon contracts Carbon contract webinar hosted by Clinton Sustainable aviation fuel article    Thank you to our sponsors! Ag Workers Insurance Lone Star Ag Credit Texas & Southwestern Cattle Raisers Association Texas Farm Credit Texas Corn Producers Capital Farm Credit

It's that time again!  My friend Paul Goeringer and I team up every December to record our Ag Law Year in Review that is then released on both my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast. This year, our list included lots of interesting topics...see if you agree with our top legal issues. Contact Info for Paul Goeringer (Email)  lgoering@umd.edu (Twitter)  @aglawpaul (Blog)  http://agrisk.umd.edu/  (Podcast)  https://marylandagpodcast.org/    Links to Topics Mentioned on the Show - 2020 Ag Law Year in Review podcast episode - Blog post on the Clean Water Act and agriculture  - Blog post on the Navigable Waters Protection Rule  - Biden Administration proposed WOTUS rule - Carbon contracts podcast episode - Proposition 12 podcast episode - National Pork Producers Council & AFBF US Supreme Court Petition for Certiorari  - Blog post on District Court decision in beef checkoff litigation - Beef checkoff litigation podcast with Harrison Pittman  - Mississippi v.

Recently, I heard Joe Miller and Nowell Berreth speak about the recent OSHA vaccine mandate and agriculture.  I knew I had to have them on the podcast to have this same conversation.  Learn about the current status of the OSHA mandate, what the mandate contains, and the legal precedent is for challenges to these types of mandates. Contact Info for Joe Miller (LinkedIn) https://www.linkedin.com/in/joe-miller-1847aba/  Contact Info for Nowell Berreth (Website) https://www.alston.com/en/professionals/b/berreth-nowell-d/ 

California's Proposition 12, an animal confinement statute that will likely have impacts across the United States, is set to go into effect on January 1, 2022.  Beth Rumley, Senior Staff Attorney at the National Agricultural Law Center joined me to explain what's going on.   Contact info for Beth Rumley (Email) erumley@uark.edu (National Ag Law Center Twitter)  https://twitter.com/nataglaw   Links to Topics Mentioned on the Show Beth's prior podcast episode on slaughter laws National Agricultural Law Center website National Ag Law Center state animal confinement law compilation Prior article on Proposition 12   

If you have read any agricultural news recently, you know that carbon has been an extremely hot topic.  Before entering into a carbon storage agreement, it is critical to carefully evaluation and understand the terms of the particular contract.  I'm joined by attorneys who have worked on these contracts, Anson Howard on the rangeland side and Todd Janzen for farmers. Contact info for Todd Janzen (Website) http://www.aglaw.us/  (Blog) http://www.aglaw.us/janzenaglaw/  (Twitter) https://twitter.com/JanzenLaw  (Phone) 317-855-9920 Contact info for Anson Howard  (Website) https://ufjbwlaw.com/about/anson-howard/ (Phone) 210-829-1660 Links  Right to Repair podcast with Todd Janzen American Agricultural Law Association