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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.
Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.
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Paul Goeringer
- Oct 2, 2018
- 4 min
Maryland Court Upholds the 2014 CAFO Permit for Complying With EPA’s Requirements
The article is not a substitute for legal advice. See here for the site’s reposting policy. In 2014, the Maryland Department of the Environment (MDE) issued a new general discharge permit for concentrated animal feeding operations (CAFOs) in Maryland, replacing a 2009 permit that was set to expire. This 2014 permit required no effluent monitoring, only implementation of best management practices, to prevent discharge into waters covered by state law and the Clean Water Act
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Admin
- Aug 11, 2017
- 2 min
Weekly Roundup August 10th
By Sarah Fielder Circuit Court Strikes Down Montgomery County Pesticide Ban
Late last week, the Circuit Court in Montgomery County struck down the county’s ban on cosmetic uses of pesticides on lawns. The judge saw the ban as conflicting with existing federal and state laws meant to regulate pesticide uses. The ban did not impact farms, golf courses, or gardens and did not ban the sale of any pesticides in the county. The county is looking at its options to appeal the ruli
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Admin
- Jun 9, 2017
- 3 min
Weekly Roundup June 9th
By Sarah Fielder Article Looks at Governor Hogan’s Impact on Rural Maryland
A recent Capital News Service article looks at Hogan’s impact on rural voters. The story highlights many of the concerns that rural voters and politicians have. The story is available at http://bit.ly/2ruEzfu. North Carolina Farmer Sentenced for Dumping Manure into River
A North Carolina farmer was sentenced for violating the Clean Water Act for dumping manure into the French Broad River. The farme
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Paul Goeringer
- Feb 28, 2017
- 3 min
Agency Not Given Third Opportunity to Make Determination by Federal Court
This post is not legal advice. See here for the site’s reposting policy. 2017 has started off with a few court decisions involving agricultural law, and I’ve discussed a few of those decisions. In 2016, the U.S. Supreme Court ruled unanimously (8-0) that an Army Corps of Engineers’ determination that a property contained “a waters of the United States” was reviewable under the Administrative Procedures Act (Hawkes Co., 2016). The Supreme Court affirmed the decision of the
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Admin
- Aug 30, 2016
- 3 min
The Alt v. EPA Lawsuit: What Did It Really Mean?
By Ashley Ellixson Today I am going to jump back a few years and talk about a case decided back in 2014. Some of you may recall the Alt v. Environmental Protection Agency (EPA) lawsuit but for those of you who do not, or need a refresher, I am revisiting what that important court decision means to animal feeding operations and its implications for the Clean Water Act (CWA). The Facts Lois Alt operates a poultry operation, a confined animal feeding operation (CAFO) more speci
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Admin
- Jun 28, 2016
- 3 min
U.S. Army Corps of Engineers v. Hawkes: Why You Should Care!
By Ashley Ellixson This case all started because Hawkes Co., Inc. (Hawkes) was interested in purchasing a piece of land in northern Minnesota to mine high-quality peat. What is peat? I was wondering the same thing! Peat moss is used in agriculture, horticulture, and forestry. Peat is a brown, soil-like material consisting of partly decomposed vegetable matter, used mainly in horticulture as a growing medium. It stimulates plant growth by improving seepage and root development
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msuri1
- May 27, 2016
- 3 min
Weekly News Update: May 27th Edition
By Mayhah Suri Rancher Fights EPA and Wins
Wyoming rancher recently settled a dispute with EPA involving building a stock pond on his property. The rancher had gotten approvals from the appropriate state and local agencies and worked with a consultant to build the pond appropriately, but after the pond was built the Army Corps of Engineers and EPA sent the rancher a letter letting him know the pond potentially violated the Clean Water Act. To listen to the rancher’s story,
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Admin
- May 25, 2016
- 3 min
Rose Acre Farms Wins Long Battle With NC Regulators Over Air Emissions
By Ashley Ellixson A few weeks ago, the North Carolina Department of Environment and Natural Resources (NC DENR) settled a long battle with Rose Acre farms and withdrew its position that air emissions from the Hyde County layer farm be regulated as a “discharge” under the Clean Water Act (CWA). In case you are unfamiliar with the case, Rose Acre Farms was started by the Rust family in the 1930’s with two hen houses and is now an industry-leader in egg production, with 17 fac
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msuri1
- Apr 1, 2016
- 3 min
Weekly News Update: April 1st, 2016
By Mayhah Suri Wicomico County Putting Stricter Zoning Regulations on Chicken Houses
As it stands now the zoning regulations in Wicomico County say a poultry house can be no less than 100 ft. away from residential dwellings, which is about a third of a football field. Monday the county council held a special work session to change that. During the work session council members approved a draft that would create setbacks of 400 ft. in A-1 agricultural areas, and a minimum of 5
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msuri1
- Feb 26, 2016
- 3 min
Weekly News Roundup: February 26th Edition
By Mayhah Suri 6th Circuit Court of Appeals to Hear WOTUS Challenge
On Monday, a fractured 3-judge panel of the 6th Circuit Court of Appeals concluded the 6th Circuit had jurisdiction to review challenges to the controversial “waters of the United States” (WOTUS) rule announced by EPA and the Army Corps of Engineers in 2015. The 6th Circuit had previously granted a nationwide motion to stay the rule in late 2015. In a quick overview of the opinion, 1 judge held that the Cle
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Sarah Everhart
- Jan 21, 2016
- 1 min
President Vetoes Resolution To Void WOTUS Rule
By Sarah Everhart Using the ninth veto of his presidency, President Obama vetoed the congressional resolution meant to void the EPA’s “waters of the United States” (WOTUS) rule redefining the jurisdiction of the Clean Water Act. “Because this resolution seeks to block the progress represented by this rule and deny businesses and communities the regulatory certainty and clarity needed to invest in projects that rely on clean water, I cannot support it,” Obama said in his veto
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Paul Goeringer
- Dec 9, 2015
- 5 min
Top 10 Legal Developments in Agriculture: 2015 in Review
This post should not be construed as legal advice. We are slowly edging towards the end of 2015 (insert joke about the year flying by). So it is time to reflect on the top ten legal developments impacting Maryland agriculture and U.S. agriculture this year. 1. Chesapeake Bay TMDL Upheld. (http://go.umd.edu/BayTMDL). On July 6, the Third Circuit Court of Appeals upheld the Environmental Protection Agency’s (EPA) authority to set a total daily maximum load (TMDL) for the Ch
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Paul Goeringer
- Oct 14, 2015
- 3 min
Top 5 Take Away Points From 6th Circuit WOTUS Decision
This post should not be construed as legal advice. On Oct. 9, 2015, a panel of three judges with the U.S. Court of Appeals for the Sixth Circuit issued a nationwide injunction against the Environmental Protection Agency (EPA) from enforcing the new “Waters of the U.S.” (WOTUS) rule. This injunction is broader than the injunction issued in late August by a federal district judge in North Dakota which only impacted 13 states. The nationwide injunction means the new WOTUS rule
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Admin
- Aug 25, 2015
- 4 min
Minnesota Supreme Court Finds a Winter Feeding Operation Is Not an “AFO” – No NPDES Permit Required
By Ashley Ellixson On July 29, 2015, the Minnesota Supreme Court affirmed the court of appeals decision regarding Reichmann Land and Cattle, LLP (RLC) not being an “animal feeding operation” as defined by 40 C.F.R. § 122.23(b)(1) (2014) and is not required to obtain an national-pollutant-discharge-elimination-system permit (NPDES permit) as a result. However, the court did find that RLC did not meet the “pasture” exemption under the Minnesota statute and is required to obtai
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Admin
- Jul 23, 2015
- 3 min
The Clean Water Act: What Are TMDLs And Why Do They Exist?
By Ashley Ellixson If you live in Maryland, or even the neighboring states, you are familiar with the Chesapeake Bay. Not only is it the largest estuary in North America but it is also the body of water constantly under scrutiny for concerns over pollution and runoff. Have you ever wondered how the Chesapeake Bay came under environmental regulation or why environmental regulation exists as it pertains to the Bay? Today I am going to walk you through some history of how regul
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Paul Goeringer
- Jul 10, 2015
- 3 min
The Third Circuit Court of Appeals Upholds Chesapeake Bay Pollution Limits
By Ashley Ellixson and Paul Goeringer On July 6, the Third Circuit Court of Appeals upheld the Environmental Protection Agency’s (EPA) authority in setting “total maximum daily load” (TMDLs) standards, and the standards set, for the Chesapeake Bay under the Clean Water Act (CWA). Parties Trade associations with members who will be affected by the TMDL’s implementation sued EPA. The industry groups included, but are not limited to, the American Farm Bureau Federation (AFBF),
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Sarah Everhart
- Jun 16, 2015
- 2 min
Congress Continues To Attempt To Stop The WOTUS/Clean Water Rule
By Sarah Everhart Last Wednesday, June 10th, members of the House and Senate took steps to try and stop the U.S. Environmental Protection Agency (EPA) and the Waters of the United States (WOTUS) or Clean Water Rule. As we previously posted, on May 27, 2015 the EPA finalized the Clean Water Rule and claimed that the Rule would not negatively affect farmers. Unfortunately, many members of the agriculture community, including but not limited to the American Farm Bureau, feel t
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Sarah Everhart
- May 27, 2015
- 4 min
The Environmental Protection Agency and the U.S. Army finalized the WOTUS Rule
By Sarah Everhart In an historic step for the protection of clean water, today the U.S. Environmental Protection Agency (EPA) and the U.S. Army finalized the Waters of the United States Rule (WOTUS Rule) or Clean Water Rule today with the support of President Obama. According to the EPA, the purpose of the Rule is to protect from pollution and degradation the streams and wetlands that form the foundation of the nation’s water resources. The following is reprinted from the EP
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Sarah Everhart
- May 21, 2015
- 3 min
The WOTUS Rule Under Attack
By Sarah Everhart In a post last year, the Agriculture Law Education Initiative (ALEI) explained that on April 21, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) proposed a rule to define the term “waters of the United States” (WOTUS) under the Clean Water Act (CWA). In short, the proposed definition would broaden the current jurisdictional scope of WOTUS to encompass: 1) all water in a flood plain, 2) manmade water management sy
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