Federal judge puts Arkansas foreign ownership restrictions on hold

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — A federal judge in Arkansas has halted enforcement of the state’s foreign ownership restrictions for plaintiffs owning a crypto-mining business.

Jones Eagle LLC, which operates near DeWitt, Arkansas, and mines digital assets like cryptocurrency, came under investigation by the Arkansas Department of Agriculture and Arkansas Attorney General following the state enacting Act 636 and 174 during the 2023 legislative session. Both acts involve restriction of foreign ownership of U.S. land, and Act 174 specifically prohibits foreign-owned entities from acquiring or holding any interest in a digital mining business in the state. Qimin “Jimmy” Chen, who was born in China and is a naturalized American citizen, exercises control over Jones Eagle as sole owner of Eagle Asset Holding, Inc.

Harrison Pittman, director of the National Agricultural Law Center, testifies to the Senate Ag Committee on Sept. 27, 2023. The committee held a hearing on foreign ownership of U.S. farmland. (Image courtesy U.S. Senate)

Gov. Sarah Huckabee Sanders issued a press release in December 2023 stating that Jones Eagle was under investigation for potentially violating state foreign ownership restrictions, as the entity “may have significant ties to China.”

Jones Eagle filed a lawsuit against the state of Arkansas in November 2024, claiming the investigation was unconstitutional and requesting a temporary restraining order and preliminary injunction. Judge Kristine Baker of the U.S. District Court for the Eastern District of Arkansas issued a temporary restraining order for 14 days on Nov. 25, and on Dec. 9 issued a preliminary injunction. The decision renders Acts 636 and 174 unenforceable against Jones Eagle until further notice from the court.

The preliminary injunction order is sealed — which means it is not accessible to the public — to protect Jones Eagle’s confidential business details. However, the Notice of Preliminary Injunction Order can be viewed online.

“In recent years, we’ve seen a dramatic increase in national interest and activity regarding the topic of foreign ownership of U.S. land, and particularly agricultural land,” said Harrison Pittman, director of the National Agricultural Law Center. “It’s an extremely active issue at both state and federal levels, although there are currently no federal laws restricting foreign persons, entities, or governments from acquiring or holding private U.S. agricultural land.”

Almost half of all U.S. states have some kind of law limiting foreign ownership. In 2023, Arkansas became the first state to enforce a foreign ownership law when it ordered a subsidiary of Syngenta Seeds, another Chinese-owned company, to divest itself of farmland in Arkansas.

What’s next?

“The injunction is limited to Jones Eagle and does not apply to others who may be subject to Acts 636 and 174,” Pittman said. “Arkansas can continue to enforce foreign ownership restrictions under these acts.”

A redacted version of the preliminary injunction is expected to be released in the coming weeks.

More details regarding the case are available online on the NALC website.

For the latest in agricultural law and policy developments, including foreign ownership, subscribe at no cost to The Feed, a twice-monthly newsletter from the NALC. The NALC is also on X, Facebook and LinkedIn.

Upcoming webinar to address legal issues in farmers’ right to repair equipment

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — Can farmers legally repair their own equipment?

The question is more complex than it appears. With continued technological advancements, companies that manufacture farming equipment may use sophisticated and proprietary technology and software which only the manufacturer has the ability and permission to repair.

The National Ag Law Center's Sept. 18 webinar will feature a discussion on the right to repair as it applies to agriculture. The presentation will be led by Ross Pifer, director of the Penn State Center for Agricultural and Shale Law. (U of Arkansas System Division of Agriculture photo by Kevin Lawson)

Such was the case with John Deere, which eventually entered into a memorandum of understanding with the American Farm Bureau Federation in January 2023 allowing farmers access to tools and diagnostic equipment for repairs. The MOU is one example of the outcome of conversations surrounding the “right to repair.”

“This has been a topic of discussion in the agricultural community and beyond for some time now,” said Ross Pifer, director of the Penn State Center for Agricultural and Shale Law. “The right-to-repair movement advocates for policies that enable farmers to fix and modify their machinery without facing legal or technical barriers. In agriculture, there is widespread interest in right to repair, though there are differences of opinion on how to define and implement it.”

Last year, Minnesota became the sixth state to enact a right-to-repair law with its Digital Fair Repair Act. Of the six states that have enacted such laws — Minnesota, California, Colorado, Maine, Massachusetts and New York — Colorado is the only state to have enacted a law that specifically gives farmers the right to repair their own equipment.

More information on the American Farm Bureau Federation MOU and the right to repair is available online from the National Agricultural Law Center, or NALC.

“Each statute is similar in its general purpose, but they differ in their approach and the scope of coverage,” Pifer said.

Pifer will discuss the status of the right-to-repair movement as it applies to agriculture during a Sept. 18 NALC webinar, “Right to Repair and Agriculture.” The webinar is free to attend, but registration is required. Interested participants can register and find more details on the National Agricultural Law Center’s website. The presentation will begin at 11 a.m. Central/Noon Eastern.

“The right to repair is a critical issue that affects every farmer's ability to manage and maintain their equipment,” according to NALC Director Harrison Pittman. “We're excited to have Ross guide us through the legal landscape and practical challenges surrounding this important topic. This webinar is a must for anyone invested in the future of agriculture.”

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

For updates on agricultural law and policy developments, subscribe free of charge to The Feed, the NALC’s twice-monthly newsletter highlighting recent legal developments facing agriculture.

Can solar energy and ag coexist? August 21 webinar takes up ‘agrivoltaics’

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — Does large-scale installation of solar panels on farms make the land unusable for other purposes?

Agrivoltaics, which is agricultural production under or around solar panels, will be discussed during the National Ag Law Center's webinar on Aug. 21, 2024. (U.S. Department of Energy photo by Merrill Smith)

“Solar energy development is increasing rapidly, which commonly involves large-scale solar projects on rural and agricultural lands that can take that land out of agricultural production,” Harrison Pittman, director of the National Agricultural Law Center, said. “Agrivoltaics offers the potential of keeping the land in production while also using it for solar.”

“Agrivoltaics,” as defined by the U.S. Department of Energy, is agricultural production under or adjacent to solar panels. This agricultural production can include crop production, livestock production or pollinator habitats.

In September 2021, the DOE released its Solar Futures Study, which looks at the role of solar in decarbonizing the U.S. electric grid. One finding from the study is that much land for ground-based solar development is needed to accomplish this: approximately 0.5 percent of contiguous U.S. surface area. The report notes that to meet this need, photovoltaic systems, or solar panels, could be installed on farming or grazing areas.

Key principles of agrivoltaics, including the impact of agrivoltaics on agricultural production, is the focus of the Aug. 21 NALC webinar, “Can Agriculture and Solar Co-Exist? Exploring the Promise and Challenge of Agrivoltaics.” The webinar will be presented by Peggy Kirk Hall, director of The Ohio State University Extension Agricultural and Resource Law Program, and Jesse Richardson, professor of law and lead land use attorney at West Virginia University College of Law.

The webinar begins at 11 a.m. Central/Noon Eastern. Registration is free of charge and available online.

“We’ve seen initiatives and mandates across the country geared toward boosting renewable energy to meet energy demands,” Hall said. “Solar energy is often a part of those initiatives, which raises many concerns for producers and communities as well, such as cost, impact on agricultural production, loss of prime and unique soils, and community land use goals. The installation of large-scale solar panels can limit that land’s ability to be used for other agricultural needs, but it doesn’t necessarily have to.”

In 2023, the agrivoltaic market size was valued at $5.5 billion, according to Global Market Insights, and that number is expected to grow at a compound annual growth rate of almost 6 percent from 2024 to 2032.

Richardson said that he and Hall will explore agrivoltaics from a variety of angles, shedding light on its opportunities and challenges.

“As renewable energy is an increasingly popular topic at local, state and federal levels, these conversations will inevitably become more frequent,” Richardson said. “We aim to inform the discussion on agrivoltaics, looking at how things are now and possible impacts for the future.”

All webinars in the NALC Webinar Series are recorded and archived on the NALC website.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

For updates on agricultural law and policy developments, subscribe free of charge to The Feed, the NALC’s twice-monthly newsletter highlighting recent legal developments facing agriculture.

Farm transition planning focus of upcoming conference

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — The transition of farms from one generation to the next is vital to the success of U.S. agriculture, and an upcoming conference is designed for professionals invested in farm transition planning.

The Cultivating Connections Conference brings together professionals from across the country to discuss an important topic: the successful transition of farms from one generation to the next. The second annual conference is Aug. 5-6. (U of A System Division of Agriculture photo by Mary Hightower)

The average age of U.S. farmers continues to increase. According to the 2022 USDA Census of Agriculture, the average producer is 58.1 years old, 0.6 years older than in the 2017 Census and 9.4 years older than the 1945 Census, the first to report an average age. Further, data from the 2022 Census also shows that over 60 percent of all producers are 55 years of age or older.

While creating a farm transition plan is an important aspect of ensuring a farm continues to the next generation, it can also be overlooked. The Cultivating Connections Conference provides a learning and discussion forum on farm transition plans.

The conference, which will be held Aug. 5-6 at the University of Cincinnati College of Law, brings together attorneys, accountants, appraisers, educators and other farm transition planners to connect and learn about strategies for successful transition plans.

“The Cultivating Connections Conference targets the professionals who enable a critical issue today: the successful transfer of agricultural operations from one generation to the next,” Peggy Hall, director of The Ohio State University Agricultural and Resource Law Program, said.

The conference is a joint effort, hosted by The OSU Agricultural and Resource Law Program and co-sponsored by the Center for Agricultural Law and Taxation at Iowa State University (CALT) and the National Agricultural Law Center (NALC). Speakers include attorneys, accountants, academics and appraisers. NALC Senior Staff Attorney Elizabeth Rumley is speaking at the event during a session on replenishing rural practice.

Registration for the conference, including in-person and virtual options, is available online until Aug. 2. Conference organizers have applied for Continuing Legal Education credits for Ohio and Iowa as well as IRS Continuing Education credits.

“One of the NALC’s strongest assets is its partners, and the Cultivating Connections Conference is a great development out of that partnership,” NALC Director Harrison Pittman said. “It brings together a talented network of skilled professionals focused on a very important topic — helping families preserve their farms as well as the communities and industries that depend upon families’ success.”

Hall said the conference, which is in its second year, is an opportunity for farm transition planners to learn effective strategies for planning and network with other professionals who share the same goals. Following the inaugural conference in 2023, The OSU Agricultural and Resource Law Program, CALT and the NALC partnered to create the Association of Farm Transition Planners, a network whose mission is increasing the number of skilled professionals assisting farmers with succession and transition planning. The association connects conference participants to helpful resources throughout the year.

“This event aims to build strong relationships and foster a supportive community dedicated to preserving the legacy and sustainability of family farms for future generations,” Hall said.

‘The Deal with Dicamba’ the focus of May 15 NALC webinar

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — The rollercoaster of changing state and federal policies regarding dicamba has kept producers on their toes in recent years. Earlier this year, a federal court in Arizona called into question the future of over-the-top dicamba use for producers.

Brigit Rollins, staff attorney for the National Ag Law Center, will present a webinar on "The Deal with Dicamba" on May 15. (U of A System Division of Agriculture file photo)

“The Feb. 6 decision from the U.S. District Court of Arizona was another major development in the ongoing saga impacting producers’ methods for protecting their crops,” Brigit Rollins, staff attorney for the National Agricultural Law Center, said. “Pending a possible appeal, producers will not be able to rely on over-the-top dicamba as they may have in the past.”

On Feb. 14, the U.S. Environmental Protection Agency issued a notice stating that it would allow farmers and producers to use their remaining dicamba stocks.

“We’ve seen this in the past, where the EPA allows producers to use dicamba stock that was purchased prior to a ruling,” Rollins said. “The end date for sale and distribution of dicamba stocks, as well as the end date for use of existing stocks, varies from state to state, so it’s important that producers consult the EPA’s notice to ensure they are complying with the new policy.”

May 15 webinar

Rollins will discuss dicamba during the next National Agricultural Law Center webinar, which will be held on May 15. The webinar, titled, “The Deal with Dicamba: Overview of Recent Legal Developments,” will begin at 11 a.m. Central/Noon Eastern. The event has no cost and registration is available online.

A recurring theme in the ongoing saga of dicamba lawsuits is environmental plaintiffs claiming the EPA has violated both the Endangered Species Act, or ESA, and the Federal Insecticide, Fungicide, and Rodenticide Act, known as FIFRA.

“A large part of why we get these court decisions impacting access to products such as dicamba is due to the EPA’s approach to meeting its ESA responsibilities while carrying out actions under FIFRA,” Rollins said. “The EPA is in the process of developing its new policy for how it meets these responsibilities. Because of this, we are expecting future changes to how producers are able to use pesticide products.”

Rollins discusses the history of dicamba and policy in her article series “The Deal with Dicamba,” which is available online on the NALC website. She also reviewed the EPA’s new ESA-FIFRA policy in a previous NALC webinar, which is available to watch online.

“Brigit is an expert in pesticide developments and policy,” NALC Director Harrison Pittman said. “She has created great NALC resources on this topical area, such as the NALC Endangered Species Act Manual, and has presented excellent webinars in the past.”

The NALC has had two prior “The Deal with Dicamba” webinars presented by Rollins. Recordings can be found online in the NALC’s Webinar Series archive.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

For updates on agricultural law and policy developments, subscribe free of charge to The Feed, the NALC’s twice-monthly newsletter highlighting recent legal developments facing agriculture.

About the National Agricultural Law Center

The National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, state and federal policymakers, Congressional staffers, attorneys, land grant universities, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.

The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.

April 5 webinar to focus on National Ag Law Center’s partner and outreach expansion efforts

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — An April 5 webinar will be all about the future for a one-of-a-kind institution that has served public, private, legal and other agricultural and food industry professionals for nearly 40 years.

Congress established the National Agricultural Law Center in 1987 to serve as a nonpartisan, objective resource for the nation’s agricultural community. Today, it is the only institution of its kind in the United States with partners throughout the country, serving stakeholders at all levels of the agriculture and food supply chain.

NALC Director Harrison Pittman will discuss the future of the NALC in a webinar on Wednesday, April 5. The webinar, “Expanding Partners and Outreach: Strategic Update on the Future of the National Agricultural Law Center,” will begin at 11 a.m. CDT. Registration is free of charge online.

Harrison Pittman will talk about the future of the National Agricultural Law Center in an April 5, 2023, webinar. (U of A System Division of Agriculture photo).

“The NALC has grown considerably in recent years, with a key strategic goal of expanding public and private sector partnerships and outreach throughout the United States,” Pittman said.

Pittman will discuss the NALC’s recent expansion efforts including the inaugural Western Agricultural and Environmental Law Conference, establishment of regional advisory boards such as the newly formed Western Ag Industry Advisory Board, establishment of agricultural law scholarships and student-focused efforts such as the NALC Bridges Initiative.

“The purpose of this webinar is to provide a strategic update on the NALC and invite state agriculture departments, commodity and trade organizations, Cooperative Extension Service professionals, student organizations, law firms, law schools and other interested individuals and entities to collaborate and partner with us,” Pittman said. “As the nation’s leading source of agricultural and food law research and information, it is a tremendous priority for the NALC to continue expanding its partners and outreach.”

The webinar is an opportunity for longstanding supporters of the NALC’s mission to not only hear about recent developments and initiatives, but also help those not as familiar with the NALC learn about its objectives and growth.

“There is much to be excited about with the future of the NALC,” Pittman said. “We are in a time of exponential growth and look forward to sharing this update on what’s in store for the future.”

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on Twitter. The National Agricultural Law Center is also on Facebook and LinkedIn.