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|PACA Claimant Could Not Establish PACA Trust Allowing for Payment in Full from Bankruptcy Estate|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
November 7, 2013, previously published on Fall 2013Suppliers of produce are afforded a non-segregated floating trust over property of a debtor that is derived from sales of produce pursuant to the Perishable Agricultural Commodities Act (“PACA”). Such a trust is recognized in bankruptcy and affords produce suppliers a priority in...
|Chicken Manure in Nutrient Runoff to Chesapeake Bay Overestimated|
Gordon Feinblatt LLC;
November 7, 2013, previously published on November 2013Many in the environmental and political communities have believed for decades that poultry farms in the Delmarva Peninsula contribute substantially to the degradation of water quality in the Chesapeake Bay. Although sewage treatment plants, septic systems and suburban runoff are also obvious...
|Department of Agriculture Proposes New Phosphorous Management Regulations|
Gordon Feinblatt LLC;
November 7, 2013, previously published on November 2013The Maryland Department of Agriculture (“MDA”) recently proposed new regulations governing how and when farmers can apply chicken manure, which is rich in phosphorous, to their crops. University of Maryland scientists developed the new Phosphorous Management Tool (“PMT”) to...
|Business Succession Planning for Family Farms & Agribusinesses|
Gordon Feinblatt LLC;
November 7, 2013, previously published on November 2013Although Congress finally provided clarity regarding exemptions and rates for estate, gift and generation skipping transfer taxes, owners of family farms and agribusinesses still have to consider many remaining business succession planning issues. Owners of family farms and agribusinesses must...
|Farm Bill Conferees Meet|
McDonald Hopkins LLC;
November 6, 2013, previously published on November 1, 2013On Wednesday, House and Senate farm bill conferees met in their first and possibly only public meeting. While significant policy differences continue, the tone was conciliatory and congressional farm leaders made plans to continue negotiations next week even though the House is out of session.
|Georgia DNR Board to Consider Increases to CAFO Permitting Thresholds|
Scott E. Hitch; Burr & Forman LLP;
October 31, 2013, previously published on October 28, 2013The board of the Georgia Department of Natural Resources will consider changes to rules for permit requirements for swine feeding operations. The most significant change proposed is to increase the threshold for triggering the requirement to obtain a permit from Georgia EPD under the Georgia Water...
|The 2013 Integrated Fisheries Harvesting Management Plan for Narwhal|
Qajaq Robinson; Borden Ladner Gervais LLP;
October 17, 2013, previously published on October 15, 2013In order to satisfy Canada’s obligations under the Convention on International Trade in Endangered Species (“CITES”), Canada has been required to evaluate the health of the narwhal population in Canada’s Arctic waters. The result of this endeavour has been the 2013...
|Move Over, Cricket! Lickets: Edible Insects are On the March|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
October 15, 2013, previously published on October 13, 2013People have been eating insects for thousands of years, and the practice certainly has its devotees in the U.S. Notwithstanding that history of consumption, industrial production of insects for food use has remained a rarity. Now there are signs of a push to bring insect production and consumption...
|First Meeting of State Bar Ag Section Focuses on Future of Industry|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
October 11, 2013, previously published on October 7, 2013The first meeting of the State Bar of Michigan Agricultural Law section was yet another indicator of the good health and growing nature of this industry in Michigan.
|What are the Rules of the Road for Farm Vehicles?|
Dirk H. Beckwith; Foster, Swift, Collins & Smith, P.C.;
October 11, 2013, previously published on October 7, 2013Tractors, trucks and other vehicles used by the farmers working their fields must, like all vehicles traveling on public roads, be registered and have some form of identification. For certain farm vehicles that means, in addition to a license plate, the company name and United States Department of...