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HTMLLarge USDA Loan Awarded to North Dakota Electric Coop
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 19, 2015, previously published on August 18, 2015
The U.S. Department of Agriculture (USDA) has approved a $46 million loan to Central Power Electric Cooperative (CPEC). The loan will help finance over 50 miles of new power lines and several substations. CPEC serves over 50,000 customers in 25 North Dakota counties.


HTMLWashington Enacts Tax Legislation that Addresses Critical Infrastructure and Agricultural Issues
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
The federal government has struggled for years to pass measures that could help address the nation’s infrastructure problems. Similarly, lawmakers in many states are at odds with each other over the best way to address crumbling roads and bridges. The situation has become increasingly...


HTMLSenate Approps Advances Another Bill
McDonald Hopkins LLC;
Legal Alert/Article
July 29, 2015, previously published on July 17, 2015
On Thursday, the Senate Appropriations Committee approved a $20.5 billion Agricultural bill. This is the 11th of 12 spending bills that has moved forward out of committee in the Senate.


HTMLContract Considerations for Farm Data
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
The emergence of “precision agriculture” offers farmers the opportunity to be more efficient (and more profitable) in their day-to-day operations. Autosteering technology helps farmers reduce planting and tillage overlap. Farm management software collects a wide variety of data produced...


HTMLSixth Circuit Holds Cucumber Harvesters Were Employees, Not Independent Contractors
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
On June 22, 2015, the Sixth Circuit Court of Appeals affirmed a judgment from the Western District of Michigan that a farm had violated provisions in the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. Perez v. D. Howes, LLC, 2015 U.S. App. LEXIS 10476 (6th...


HTMLMichigan Department of Environmental Quality Announces Change to CAFO Permits Which Restricts Use of Manure Received from CAFOs
Charles E. Barbieri, Zachary W. Behler; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
The Michigan Department of Environmental Quality (DEQ) regulates how, when and where Concentrated Animal Feeding Operations (CAFOs) may spread manure. The permitting process authorized under the federal Clean Water Act, and administered by the DEQ, is intended to ensure that large farms avoid...


HTMLThe United States Supreme Court Holds Raisin Marketing Order Unconstitutional
Scott M. Brookens; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
The United States Supreme Court recently issued its opinion regarding the constitutionality of the raisin marketing orders in the Horne v. Department of Agriculture matter. The Agricultural Marketing Agreement Act of 1937 grants authority to the Secretary of Agriculture to issue “marketing...


Adobe PDFAn Ounce of Agribusiness Prevention is Worth a Pound of Drinking Water Cure
Kevin P. Braig; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
June 24, 2015, previously published on Spring 2015
With lawmakers, lawyers, and the public focused on the relationship between agriculture and drinking water, those in farming, fertilizer, and livestock businesses would be wise to heed Ben Franklin’s caution that “an ounce of prevention is worth a pound of cure.”


HTMLNew Sustainable Food Systems Certification at Grand Valley State University
Foster Swift Collins Smith P.C.;
Legal Alert/Article
May 15, 2015, previously published on April 30, 2015
Grand Valley State University is now offering a five-class Sustainable Food Systems certification. This hands-on learning approach is in response to a growing interest by both the community and students to learn more about sustainable agriculture practices.


Adobe PDFImproper Agricultural Manure Usage or Storage May Be Subject to RCRA Liability
Hubert T. Lee; Morris Polich & Purdy LLP;
Legal Alert/Article
April 22, 2015, previously published on March 23, 2015
On January 14, 2015, the Eastern District of Washington in Cmty. Ass'n for Restoration of the Env't, Inc. v. Cow Palace, LLC, No. 13-CV-3016-TOR, 2015 WL 199345, at *41 (E.D. Wash. Jan. 14, 2015) ruled that dairy farms were liable under the Resource Conservation and Recovery Act...


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