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|Assignments Of PACA Claims: New Opportunities For Unpaid Produce Sellers, Credit Insurance Companies, Claims Purchasers & Others|
Jonathan S. Bodner; Ruskin Moscou Faltischek, P.C.;
November 17, 2015, previously published on November 15, 2015The Perishable Agricultural Commodities Act (“PACA”) is an invaluable tool for produce sellers to ensure repayment for goods sold and delivered. Traditionally, it has been used by sellers of produce to recover against purchasers for unpaid goods inside and outside of bankruptcy...
|Large USDA Loan Awarded to North Dakota Electric Coop|
Sutherland Asbill Brennan LLP;
August 19, 2015, previously published on August 18, 2015The 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.
|Washington Enacts Tax Legislation that Addresses Critical Infrastructure and Agricultural Issues|
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
August 7, 2015, previously published on July 30, 2015The 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...
|Senate Approps Advances Another Bill|
McDonald Hopkins LLC;
July 29, 2015, previously published on July 17, 2015On 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.
|Sixth Circuit Holds Cucumber Harvesters Were Employees, Not Independent Contractors|
Liza Catherine Moore; Foster, Swift, Collins & Smith, P.C.;
July 28, 2015, previously published on July 17, 2015On 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...
|Contract Considerations for Farm Data|
Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
July 28, 2015, previously published on July 17, 2015The 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...
|Michigan 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.;
July 28, 2015, previously published on July 17, 2015The 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...
|The United States Supreme Court Holds Raisin Marketing Order Unconstitutional|
Scott M. Brookens; Smith Haughey Rice & Roegge, P.C.;
July 14, 2015, previously published on July 13, 2015The 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...
|An Ounce of Agribusiness Prevention is Worth a Pound of Drinking Water Cure|
Kevin P. Braig; Shumaker, Loop & Kendrick, LLP;
June 24, 2015, previously published on Spring 2015With 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.”
|New Sustainable Food Systems Certification at Grand Valley State University|
Foster Swift Collins Smith P.C.;
May 15, 2015, previously published on April 30, 2015Grand 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.