Deadline approaches for business owners to comply with Corporate Transparency Act

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

FAYETTEVILLE, Ark. — The deadline is fast approaching for many businesses across the country to file with the federal government.

Elizabeth Rumley, senior staff attorney at the National Ag Law Center, says the default assumption of small business owners should be to file under the Corporate Transparency Act, or confirm they are exempted, by Dec. 31. (Division of Agriculture photo)

The Corporate Transparency Act, or CTA, requires millions of small business entities to disclose details of their beneficial owners through a Beneficial Ownership Information, or BOI, report. The report is filed through the U.S. Department of Treasury’s Financial Crimes Enforcement Network, or FinCEN.

The purpose of the CTA is to reduce financial crimes, such as money laundering, by taking stock of ownership information of businesses that operate within or have access to the U.S. market. The CTA is not new, having been enacted in 2021 as part of the National Defense Authorization Act. Its reporting requirements went into effect on Jan. 1, 2024.

Reporting companies must include information identifying “beneficial owners” of the business, including name, date of birth, address, and a copy of some specific forms of identification, such as a driver’s license or a passport. 

In addition, companies created or registered after Jan. 1, 2024, must also include personal identifying information about the individuals responsible for the filing. Reporting is done entirely online.

Elizabeth Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said the CTA is a significant topic not just for those in agriculture, but also for all business owners.

“The CTA is an attempt at cataloguing a national corporate database that tracks U.S. business ownership,” Rumley said. “It’s one of the biggest topics that we have discussed with stakeholders this year, and its reach goes far beyond agriculture. The CTA impacts millions of the nation’s small business entities, and there are just over two months left to report.”

Rumley noted that there are potential significant consequences for failing to comply, including fines or imprisonment.

“There are certain entities that are exempt from filing, but the default assumption of small business owners should be to file, or confirm that they are exempted, by Dec. 31,” she said.

Getting the word out

As the nation’s leading source of agricultural and food law research and information, the NALC has made it a key part of its mission in 2024 to spread word of the CTA ahead of the December filing deadline. Part of that approach has been the creation of a CTA factsheet, which is available online on the NALC website. The factsheet was authored by former NALC Research Fellow Caitlin Robb and Rumley.

“Our goal with the factsheet was to condense everything that is known about the CTA — including its history, what it does, who it impacts, how to file, situation examples, and more — into a resource to refer to,” Rumley said. “Through our speaking events and engagements with stakeholders in 2024, we have realized that many have limited knowledge of the CTA or are unaware of it entirely.”

Earlier this year, the NALC also hosted a webinar covering details of the CTA. Kristine Tidgren, director of the Center for Agricultural Law and Taxation at Iowa State University, or CALT, presented the webinar, which is available to view online. Additionally, CALT has a webpage dedicated to information on the CTA.

“We understand there are many questions when it comes to the CTA,” Rumley said. “These resources should answer a lot of questions and point people in the right direction.”

Legal challenges

Numerous legal challenges regarding the CTA are pending. Recently, an Oregon federal court declined to issue a preliminary injunction in a case where the plaintiffs challenged the constitutionality of the CTA.

In March, a federal district court in Alabama ruled that the CTA is unconstitutional, granting plaintiffs in the case summary judgement as a matter of law. The ruling suspended enforcement of the CTA in regard to some specific parties.

The 11th Circuit Court of Appeals heard oral arguments in an appeal of that decision on Sept. 27. That process will likely not alter the deadline for businesses to file.

With the deadline to file just around the corner, those who still need to file should plan accordingly, Rumley said.

“The end of the year is approaching fast,” Rumley said. “It’s important to learn more about whether the filing requirements apply to your business, and then make a plan for meeting those obligations to avoid potential consequences.”

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

Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.

Avian influenza, USDA-APHIS response topic of NALC’s July 17 webinar

By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — In the more than two years since the current outbreak began, highly pathogenic avian influenza, or HPAI, has proven to be a highly adaptable foe, infecting not only poultry, but also dairy cattle and their human handlers.

Brook Duer, staff attorney at Penn State Center for Agricultural and Shale Law, will present the National Ag Law Center's July 17 webinar on HPAI in poultry and cattle. (Image courtesy Brook Duer)

According to the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, or USDA-APHIS, 97.26 million birds in commercial and backyard flocks, as well as 137 dairy cattle herds, have been affected since the current outbreak’s start in February 2022. In a June 2024 technical report, the CDC reported that the virus has also infected three farm workers in Texas and Michigan this year.

Since December 2023, the number of states where HPAI has been detected has risen from 27 to 48. Since May 24, 2024, 6.41 million birds have been affected, according to USDA-APHIS.

Brook Duer, staff attorney at Penn State Center for Agricultural and Shale Law, said that HPAI remains as virulent and easily transmissible in poultry as when the industry first experienced an outbreak in 2015.

“We are in uncharted territory with HPAI in poultry — it is by far the largest animal disease event in U.S. history,” Duer said. “HPAI may already be a permanent backdrop to poultry and egg production.”

The foundational statutes, regulations, manuals and procedures that give USDA-APHIS its authority will be examined through the lens of HPAI outbreaks in poultry and cattle during the NALC’s next webinar, “HPAI in Poultry and Cattle: How Can We Miss You If You Won’t Go Away?” The webinar will be presented by Duer.

The spillover to dairy cattle has brought more insights and questions. Each host species’ unique response to the virus is vastly different and the virus can mutate quickly, Duer said.

“With dairy cattle, the disease can go nearly undetected through traditional observation of symptoms. This allows it to reach a point in the food production supply chain where pasteurization becomes the primary tool. That might be seen as uncomfortably close to the consumer,” Duer said. “Understanding how USDA-APHIS’ response has progressed to date, and why, will allow producers to better anticipate what research still needs to be done to get the answers producers want.”

The webinar will be held Wednesday, July 17 at 11 a.m. Central/Noon Eastern. Registration is no cost and available online.

HPAI is not only a threat to animals, but also to humans. On June 5, 2024, a 59-year-old man from Mexico City became the first person to die from HPAI. The man did have prior health complications and the source of exposure is unknown, according to Reuters.

Duer said much more still needs to be known about transmission and impact in humans. More extensive, and potentially expensive, detection methods may become routine and legally required at earlier stages.

“With the outbreak of HPAI in dairy cattle and cases of human illness, this topic is extremely important to agricultural producers,” NALC Director Harrison Pittman said. “Brook will give producers a greater understanding of where things are at with HPAI, what USDA-APHIS is doing to resolve the situation and what producers should know about the disease.”

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.

Legal experts weigh in on the use of dicamba

by George Jared (gjared@talkbusiness.net)

One of the most controversial topics in the agriculture industry is the use of the herbicide dicamba. Many state and federal policies regarding dicamba have changed in recent years including a federal court decision in Arizona that questions the future use of over-the-top dicamba products. The three products targeted are XtendiMax, Engenia and Tavium.

“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.”

A week after the court ruling, the Environmental Protection Agency (EPA) issued a notice that it would still allow producers to use existing stocks of over-the-top dicamba during the upcoming growing season.

Legal experts weigh in on the use of dicamba

Western Conference: NALC’s Rollins to discuss future of pesticide use in the U.S.

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

FAYETTEVILLE, Ark. — Court decisions and policymakers are reshaping pesticide use in the United States, and a recent California proposal, the Sustainable Pest Management Roadmap for California, is designed to phase out certain pesticides altogether.

National Ag Law Center's Brigit Rollins: "crucial" for producers to stay on top of pesticide developments (U of A System Division of Agriculture file photo)

“California’s proposed policy would result in the state phasing out use of ‘high-risk’ pesticides by 2050,” Brigit Rollins said. “If that policy comes to fruition, it will of course have major ramifications for Western producers.”

Rollins will examine what is on the horizon for Western pesticide use during the NALC’s Western Agricultural and Environmental Law Conference. Her session, “The Future of Pesticides in the Western States: The Latest Legal Developments & Trends,” will discuss the California proposal and other policy developments from recent years that could shake up Western agriculture.

The conference will be held June 13-14 at the University of Nevada, Reno. Registration is online, and a livestream option for the program is available.

“Over the last several years, we’ve seen a series of court decisions, state laws and new federal policy that have influenced pesticide use,” Brigit Rollins, staff attorney for the National Agricultural Law Center, said. “For producers, staying on top of these changes, such as the recent ruling out of a federal court in Arizona, is crucial.”

The Feb. 6 decision from the U.S. District Court of Arizona resulted in the U.S. Environmental Protection Agency vacating the 2020 registration allowing over-the-top use of dicamba-based pesticides XtendiMax, Engenia and Tavium. Following the federal court’s ruling, EPA released a memo stating that farmers are able to use existing dicamba stocks during the 2024 growing season.

During her session, Rollins will also explain EPA’s new policy approach for protecting endangered species from pesticide exposure, and what those changes could mean for pesticide users.

“The EPA’s new policy for how it carries out its Endangered Species Act responsibilities holds enormous weight for the future of pesticide use,” Rollins said. “As the EPA further integrates pesticide registration with the ESA, it won’t be surprising to see greater restrictions on pesticide use coming down the line as a result. I look forward to providing an update on the latest in pesticide use at the 2nd Annual Western Conference.”

Continuing education available

The Western Conference has been approved for continuing legal education credit in Nevada, and will be submitted for CLE approval in Arizona, California, Idaho, Oregon and Utah. The conference has also been approved for continuing education by the American Society of Farm Managers and Rural Appraisers. The NALC will coordinate with attendees to self-report in other states.

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.

USDA National Appeals Division on the agenda for NALC’s 11th Annual Mid-South Conference

By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — What happens next when a farmer is denied enrollment or benefits in a U.S. Department of Agriculture program?

Danielle Lake, deputy regional director of the USDA National Appeals Division, will discuss the best way to approach a USDA appeal at the 11th Annual Mid-South Ag & Environmental Law Conference. (Image courtesy Danielle Lake)

USDA offers an appeal process to farmers who receive a denial, known as an “adverse program decision,” through its National Appeals Division, or NAD. These appeals can arise from a variety of programs including farm loans, farm program payments, conservation programs and more. This process comes with specific rules and procedures that producers and attorneys will need to know about.

Danielle Lake, deputy regional director of the USDA National Appeals Division, will discuss what lawyers and their clients need to know when filing a USDA appeal during the National Agricultural Law Center’s 11th Annual Mid-South Agricultural and Environmental Law Conference, which will be held June 6-7.

During her session, “USDA National Appeals Division 101: What You and Your Farm Client Need to Know,” Lake will share her inside knowledge of the best way to approach a USDA appeal and the process’ impacts.

“NAD is dedicated to conducting impartial appeal hearings of adverse decisions made by the USDA agencies under our jurisdiction,” Lake said. “This is a unique process with special rules, and I’ll address some recent changes and provide pointers that participants will want to know.”

The Mid-South Agricultural and Environmental Law Conference will be held in Memphis, Tennessee at the University of Memphis Cecil C. Humphrey School of Law. The conference will also be available via livestream for those unable to participate in person. Registration, agenda and more information is available online.

“This session will be informative to those new to NAD as well as those who have considerable experience with the process,” NALC Director Harrison Pittman said. “As a regional director for NAD, Danielle will provide very unique insight into this unique legal process. Danielle is a terrific presenter and we’re fortunate she’ll be joining us in Memphis this year.”

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.

What’s next in a post-dicamba world? NALC’s 11th Annual Mid-South to address the issue

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

FAYETTEVILLE, Ark. — What’s next for users and makers of crop protection products in a post-dicamba, pro-Endangered Species Act environment? That’s among the questions to be answered at the 11th Annual Mid-South Agricultural & Environmental Law Conference on June 6-7, 2024, in Memphis, Tennessee.

The National Agricultural Law Center's 11th Annual Mid-South Conference will feature a session on crop protection products, presented by EPA's Rod Snyder and NALC's Brigit Rollins. (Image courtesy Rod Snyder)

Rod Snyder, senior advisor for agriculture to the U.S. Environmental Protection Agency administrator, and Brigit Rollins, staff attorney at the National Agricultural Law Center, will be addressing the issue as co-presenters for “Tomorrow’s Harvest:  An Overview of the Regulatory and Litigation Landscape for Crop Protection Products.”

Rollins said recent litigation has spurred significant changes in pesticide regulation, including vacating the registration for widely used herbicides and shifts in EPA enforcement philosophy.

“Over the last few years, we've seen dicamba become unavailable for use more than once as the direct result of lawsuits and subsequent court decisions,” she said. “Going forward, we're expecting to see additional restrictions on pesticide use as EPA works to come into better compliance with the Endangered Species Act.”

One outcome of the EPA’s shift toward a closer alignment with ESA will likely mean increased use restrictions for applicators.

“With changes to pesticide labels coming in rapidly, and sometimes unexpectedly for producers, staying informed is critical,” Rollins said.

About the Mid-South

The 2024 Mid-South conference will be held at the University of Memphis Cecil C. Humphreys School of Law. The annual “Beer & BBQ” networking dinner will be held on the evening June 6 at The Rendezvous ahead of the main conference program on June 7.

“The Mid-South is an important event for the NALC and our stakeholders,” Harrison Pittman, director of the NALC, said. “The Mid-South region of the country is uniquely impacted by numerous agricultural issues, both long-standing and emerging. Our goal with the Mid-South is always to bring top-notch presenter talent and information, and we are again accomplishing that in our 11th year.”

The Mid-South also features an “Early Bird” online program on Tuesday, May 14. Rollins is presenting at the “Early Bird” as well, providing an ag and food law update alongside NALC Senior Staff Attorney Elizabeth Rumley. Their “Early Bird” session will cover topics like Prop 12, waters of the U.S. and the Farm Bill. Conference attendees who register for the Mid-South by Monday, May 13 can view the online “Early Bird.”

Full session titles and speakers for the main conference program include:

• Estate Planning & The Farm: Top Tips and Practice Pointers — Connie Haden, Founder & Partner at The Law Firm of Haden & Colbert

• Fourth Amendment and Agriculture: Warrantless Access to Ag & Private Rural Lands — Robert Frommer, Senior Attorney, Institute for Justice and Joshua Windham, Attorney and Elfie Gallun Fellow in Freedom and the Constitution, Institute for Justice

• Tomorrow’s Harvest:  An Overview of the Regulatory and Litigation Landscape for Crop Protection Products — Rod Snyder, senior adviser for agriculture to the EPA Administrator and Brigit Rollins, staff attorney, National Agricultural Law Center

• USDA National Appeals Division 101: What You and Your Farm Client Need to Know — Danielle Lake, deputy regional director, USDA National Appeals Division

• Artificial Intelligence in Law Practice: Navigating the Ethical Landscape — Ellen Murphy, professor of practice, Wake Forest University School of Law

• 2024 and Beyond: Ag Tax Update and the Corporate Transparency Act — Kristine Tidgren, director, Center for Agricultural Law & Taxation, Dolezal Adjunct Associate Professor, Agricultural Education, Iowa State University

Continuing education available

The Mid-South will be submitted for CLE accreditation in Arkansas, Kansas, Mississippi, Missouri, and Tennessee. Approval for CE will also be sought from the American Society of Farm Managers and Rural Appraisers.

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.

Truth in advertising: NALC webinar to discuss alternative enforcement methods

By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — Claims about misleading food advertising are typically made to federal agencies, the courts, or the manufacturer, but there is another avenue – the National Advertising Division of the Better Business Bureau, a nonprofit organization that provides information and ratings on businesses and charities.

Kim Bousquet and Alli Condra of Davis Wright Tremaine LLP will present the National Ag Law Center webinar on August 16, 2023, highlighting corporate use of the National Advertising Division as an alternative enforcement method.

In the United States, the Food and Drug Administration and the United States Department of Agriculture have primary responsibility for regulating packaging and point-of-purchase advertising for food sold in retail establishments. Food labeling laws and regulations also cover the claims made through product marketing. If false or misleading claims are made, complaints may be made to entities within the government or to organizations that provide self-policing for food and agriculture companies.

“Companies can use the National Advertising Division process by filing challenges to advertisements on NAD’s online portal and paying the fee,” Counsel Kim Bousquet of Davis Wright Tremaine LLP. “NAD offers a fast-track option for single, well-defined issues, a standard track option for typical challenges, and a complex track for challenges that require complex claim substantiation.”

The Better Business Bureau says NAD is an industry-led system designed to build consumer trust in advertising and support fair competition in the marketplace.

According to Bousquet, NAD provides companies with an alternative means of challenging false and misleading advertising statements made by competitors. Food and agriculture companies regularly use NAD’s process for challenges.

“NAD is an important industry-led complaint process for truth-in advertising claims,” Bousquet said. “Understanding the NAD process is beneficial to food and ag companies when determining whether — and how — they want to address false or misleading advertising claims.”

Generally, the process involves NAD’s consideration of the challenger’s materials and those provided by the advertiser, meetings with the parties, and issuing a decision. No matter which track a company chooses, NAD decisions are often much faster than challenging a decision in court or raising an issue with an agency, said Bousquet.

“While it’s true that NAD’s decisions are not binding, NAD challenges often lead to the advertiser making modifications or discontinuing advertisements,” Bousquet said. “And, if the advertiser refuses to participate or modify an advertisement, NAD is likely to refer the case for further investigation by the relevant government agency, often the Federal Trade Commission or FDA. In addition, NAD case decision summaries are made public, which can also incentivize companies to modify advertisements.”

Alli Condra and Kim Bousquet of Davis Wright Tremaine LLP will present the National Ag Law Center webinar on August 16, 2023, highlighting corporate use of the National Advertising Division as an alternative enforcement method.

Bousquet and Alli Condra, an associate at Davis Wright Tremaine LLP, will be discussing several high-profile examples of how food and agriculture companies use NAD, as well as various components of the organization. They’ll place this in context through an overview of federal food requirements during the NALC’s upcoming webinar, “How Food and Ag Companies Can (and Do) Use the National Advertising Division to Combat Unfair Competition and Test the Waters of Emerging Issues.” The webinar will be held on Wednesday, Aug. 16, at 11 a.m. Central/noon Eastern.

“Understanding NAD and the role the organization plays in ensuring truth in advertising helps to provide consumer confidence in products and create a fair marketplace,” Bousquet said. “Alli and I look forward to sharing our knowledge and this important information in the webinar.”

The webinar is free of charge and registration is online.

“We’re looking forward to this webinar and all of the beneficial information that Kim and Alli will provide,” NALC Director Harrison Pittman said. “Federal food labeling laws are incredibly complex, and learning more about potential mechanisms that ensure truth in labeling will be beneficial to consumers and companies alike.”

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.

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.

NALC webinar to provide overview of U.S. charitable food system

By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — Food insecurity affects more than 34 million Americans in the United States and more than a quarter of them are children, according to Feeding America, a nationwide network of food banks.

Audry Thompson, staff attorney at Penn State Law, will discuss the U.S. charitable food system in the National Ag Law Center webinar on June 21.

To help those facing hunger, farmers and food processors all play a role by assisting the U.S. charitable food system and federal and state food surplus programs. The U.S. charitable food system includes a network of over 200 food banks: regional organizations that source, warehouse and distribute food.

“Food insecurity is an issue that has so many facets,” National Agricultural Law Center Director Harrison Pittman said. “It’s important to understand the important role that charitable food programs play for millions of people every day and what it means for those who donate food.”

The U.S. charitable food system’s success depends on connecting food producers with consumers. This allows donations by producers to be distributed to consumers and families in need.

“Ensuring food security for families and children within the United States is essential,” Audry Thompson, staff attorney at the Penn State Center for Agricultural and Shale Law, said. “Food processors, as well as agricultural producers, play an important role in providing necessary assistance through the charitable food system.”

With recent higher grocery costs, the need for surplus donations is more urgent. Producers who donate benefit from various forms of protection, including liability.

Thompson will discuss the federal and state food surplus programs, as well as how they connect agricultural producers with consumers, in the NALC’s next webinar, “An Overview of U.S. Charitable Food Surplus Programs.” The webinar will be held on Wednesday, June 21, at 11 a.m. Central/noon Eastern.

“This webinar will highlight these programs, discuss how federal and state programs connect producers with consumers, and outline liability and other protections put into place for those donating their surplus,” Thompson said.

The webinar is free of charge and registration is online.

“We’re looking forward to hearing Audry discuss these programs that work to benefit millions of Americans who are in need,” Pittman said. “With the current need for surplus donations from producers, it is extremely important that people know more about charitable food programs in the U.S.”

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.

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

Sessions on heirs’ property, health care planning for farmers to kick off Mid-South conference

By Drew Viguet

National Agricultural Law Center

U of A System Division of Agriculture

FAYETTEVILLE, Ark. — What happens to the farm when something happens to the current generation? The June 8-9 Mid-South Agricultural & Environmental Law has two sessions on topics that especially impact farm families: heirs’ property and long-term health care planning for farmers.

This week’s conference, held in Memphis, Tennessee, begins Thursday with a “Beer & BBQ” networking dinner held at The Rendezvous. The main program will be on Friday at the University of Memphis Cecil C. Humphreys School of Law.

The Mid-South conference presentations will kick off on Friday, June 9, with presentations by Ebony Woodruff and Robert Moore. The sessions highlight heirs’ property and long-term health care planning for farmers.

The 10th annual conference also has a livestream option for the main program. Registration and information for the conference can be found online.

Ebony Woodruff will present the first session on June 9, discussing “Heirs’ Property: Practical Tips and Pointers for Resolving Title.” Woodruff, a former legislator and consul, was the first woman elected to represent District 87 in the Louisiana House of Representatives. She is currently the director of the Agricultural Law Institute for Underserved and Underrepresented Communities at Southern University Law Center, one of the NALC’s partners.

“Heirs’ property is an issue that hits close to home for so many of those in agriculture,” Woodruff said. “It can lead to land loss and make the farming process difficult. My presentation at the Mid-South will discuss ways to prevent that from happening, along with ways to remedy the situation once it has already happened. I look forward to sharing practical tips on this important topic.”

Following Woodruff’s presentation, Robert Moore will discuss “Getting Down on the Farm: Long-Term Health Care Planning on the Farm.” Moore is an attorney and research specialist with the Agricultural and Resource Law Program at The Ohio State University, a partner of the NALC.

“Long-term health care planning might not seem like the most pressing issue to producers and farm families, but it is crucial and necessary to ensuring the best possible outcome for all those involved,” Moore said. “There can be a lot to take into consideration, but this presentation at the Mid-South will make the process clearer by providing key factors that should be accounted for during planning, and why careful planning is so important.”

The NALC has resources on heirs’ property and long-term health care planning available online.

NALC Director Harrison Pittman said the 10th annual event has an exceptional roster of talent.

“We’re very excited to get to Memphis and listen to these informative presentations from ag law experts,” Pittman said. “Whether attendees are joining in person or online, we’re thankful for their participation and for the sponsors who have contributed to this year’s program.”

This year’s Mid-South Agricultural & Environmental Law Conference sponsors include the NASDA Foundation, American Farm Bureau Federation, USDA National Agricultural Library, American Society of Farm Managers and Rural Appraisers, the Mid-South Chapter of the American Society for Farm Managers and Rural Appraisers, the University of Memphis Cecil C. Humphreys School of Law, Roux, Inc., Mississippi Farm Bureau, Alabama Farmers Federation and Southern Ag Today.

All net proceeds for the 10th Annual Mid-South Agricultural & Environmental Law Conference will be devoted to establishing The Scott E. Fancher Agricultural Law Scholarship, honoring the life and legacy of Scott Fancher. More information on the scholarship can be found in a short video online.

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.

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

Colorado passes first right-to-repair law; others could follow

By Mary Hightower
U of A System Division of Agriculture

FAYETTEVILLE, Ark.  — Colorado’s first-in-the-nation law allowing farmers to repair their own equipment could be “the first chink in the armor” that has allowed only manufacturers to complete some repairs, said Rusty Rumley, senior staff attorney for the National Agricultural Law Center.

Rusty Rumley comments on Colorado's right-to-repair law.

Farmers have long been accustomed to repairing their equipment or turning to a nearby independent repair shop to make speedy fixes during planting, growing, and harvest. In the last decade or so, farmers have found those efforts thwarted not only by increasingly complex technology and lack of manuals and tools, but also protection of intellectual property that goes along with software-driven machinery.

Colorado Gov. Jared Polis signed the bill on April 25, hailing it as “a common-sense bipartisan bill to help people avoid unnecessary delays from equipment repairs.”

Starting Jan. 1, 2024, the Colorado law will require manufacturers of agricultural equipment to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information resources, to independent repair providers and owners of the manufacturer's agricultural equipment to allow them to service or repair the owner's agricultural equipment.

“Farmers and ranchers can lose precious weeks and months when equipment repairs are stalled due to long turnaround times by manufacturers and dealers,” Polis said.

For the manufacturers, there are worries over trade secrets.

“How much of the computer code are they going to say they can’t release because competitors could take it and use it themselves,” Rumley said. “They might say that this should be protected by trade secrets, so there may be some litigation on aspects such as that. For a lot of these companies, the repair side of the industry is, or has been, a really important economic driver. It’s not just selling the new tractor or combine, it’s the repair work.”

Part of a bigger story

Rumley said agriculture equipment is only one aspect of a larger story. Similar issues exist with motorized wheelchairs, phones, tablets, and other electronic equipment. The Colorado law includes motorized wheelchairs, but not consumer electronics items.

“There are some 50 pieces of right-to-repair legislation floating out there amongst the states,” he said. “There’s a lot of push out there, and this is the first one to get past, at least on the ag side.”

One characteristic of the Colorado law is “it specifically says, if Congress ever passes a national right-to-repair act, the Colorado one goes away and they'll live with whatever the federal one is,” Rumley said. “I don’t think we’re close to a federal one yet.”

Back in January, ag equipment maker John Deere signed a memorandum of understanding with the American Farm Bureau Federation to ensure farmers and ranchers retained the right to repair their own equipment.

Find additional information about agricultural law at the National Agricultural Law Center.

The center is part of the Arkansas Agricultural Experiment Station, the research arm of the University of Arkansas System Division of Agriculture.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on Twitter and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu/. Follow us on Twitter at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on Twitter at @AgInArk.

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.

Texas federal court grants WOTUS injunction for two states; two more requests pending

By Mary Hightower
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — A federal court has halted implementation of the Environmental Protection Agency’s new rule defining waters of the United States, and two more injunction requests are pending in cases involving 25 states, including Arkansas, said Brigit Rollins, National Agricultural Law Center staff attorney.

The new rule went into effect on Monday. The U.S. District Court in the Southern District of Texas issued the injunction Sunday night in Texas vs. EPA. The case halts implementation of the new EPA rule in both Texas and Idaho.

An injunction granted by a federal court judge is only the beginning for three cases challenging EPA's new rule that defines waters of the U.S., or WOTUS, according to Brigit Rollins of the National Agricultural Law Center. (U of A System Division of Agriuclture image)

There are two other cases pending — Kentucky Chamber of Commerce vs. EPA, which involves only Kentucky, and State of West Virginia vs. EPA, which involves 24 states, including Arkansas. Following the Texas action, attorneys in the two other cases filed additional briefs Sunday noting the injunction.

The injunction is “not the end of the road. That’s just sort of the first step in the lawsuit,” Rollins said. “The arguments and the claims are still lingering” and need to be heard.

“Should the judges in those other two lawsuits issue injunctions, there are a couple of things that are going to happen right away: Once the judge issues the injunction, the current WOTUS rule will no longer be in legal effect,” Rollins said. “What that means is that EPA is going to be applying the previous WOTUS rule that was in place.”

At issue in all three cases is how EPA defines “waters of the U.S.,” known as WOTUS. That definition is critical to enforcement of the Clean Water Act.

Muddying the waters

The legal vortex surrounding WOTUS means the waters may get muddier before clarity is achieved. Rollins said the situation harkens back to EPA’s 2015 rule redefining WOTUS and the resulting lawsuits.

“What ultimately ended up happening was that more than 50 percent of the states had an injunction on that 2015 rule,” she said. “What it meant for those states is that they were applying a different WOTUS rule than in the states that had not joined the suits.

“It’s not impossible that we could see that again,” Rollins said.

“It creates confusion for landowners, members of agricultural communities, and members of industrial communities. I would imagine it would be particularly challenging for anyone who is operating in multiple states,” she said. “You might be subject to different requirements in different states.

“There is the potential for issues to arise with pending Clean Water Act permits that are sort of stuck between those different rules,” Rollins said. “And at the moment it's going to be hard to say what that means for those permits.”

The National Agricultural Law Center has a page dedicated to WOTUS updates.

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

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.

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.

NALC’s Brown: State, federal lawmakers zero in on foreign ownership of U.S. farmland

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

FAYETTEVILLE, Ark. — When it comes to foreign ownership of agricultural land in the United States, legislatures at both the state and federal levels are asking “how much is too much?”

AG LAW — Micah Brown is a staff attorney with the National Agricultural Law Center. (U of A System Division of Ag photo by Fred Miller)

According to the U.S. Department of Agriculture Farm Service Agency, foreign ownership and investments in U.S. agricultural land have increased to more than 40 million acres, an increase of almost 36 percent in foreign-owned farmland since 2011.

“Foreign ownership of agricultural land has emerged as arguably the single most active issue at the state and federal government levels, with more than half the states in the country proposing some kind of restriction on foreign ownership since Jan. 1,” Micah Brown, staff attorney at the National Agricultural Law Center, said. “This emerging interest in restricting foreign investments in U.S. land, especially agricultural land, is partly due to a Chinese-owned company purchasing more than 130,000 acres near a U.S. Air Force base in Texas. Another transaction that raised concerns among some lawmakers is the purchase of 300 acres near an Air Force base in North Dakota by the Chinese company Fefang Group."

Brown, who specializes in agricultural finance and credit issues at the NALC, including foreign ownership of agricultural land, recently spoke at the U.S. Department of Agriculture’s 99th Annual Agricultural Outlook Forum. He presented the session “State Restrictions on Foreign Ownership of Agricultural Land and Recent State Proposals.” Information on the event, as well as presentation slides and recordings of the sessions, can be found online.

“Some state foreign ownership proposals seek to restrict certain countries, such as China, Iran, North Korea, and Russia,” Brown noted in his presentation. He also said that there are fourteen states that currently restrict foreign ownership of farmland within their state to some degree.

In 2023, the Arkansas legislature has considered four proposals — HB 1255; HB 1479; SB 340; SB 383 — that seek to restrict certain foreign investments in agricultural land. Specifically, HB 1478 would restrict acquisitions of agricultural land by governmental entities of China and companies headquartered in China, while SB 340 and SB 383 seek to restrict foreign investments of governments and entities from several different countries, such as China, Cuba, Iran, North Korea, and Syria.

There is no federal law restricting foreign individuals, business entities, or foreign governments from acquiring or holding U.S. agricultural land, but Congress is considering proposals that seek to restrict certain foreign investments in farmland, such as the Promoting Agriculture Safeguards and Security Act — the PASS Act of 2023. If enacted, the PASS Act would require the president to prohibit certain foreign investments in U.S. agriculture, including acquisitions of businesses engaged in agriculture and land used in agriculture.

“The NALC covers, on a daily basis, many issues important to the agricultural industry, but foreign ownership of agricultural land has definitely risen to the top in 2023,” NALC Director Harrison Pittman said. “Micah has emerged as a leading national expert on the topic, providing invaluable information to legislators, states’ farm bureaus, attorneys, and many others around the country.” 

In January, Brown presented a National Agricultural Law Center webinar on foreign ownership. The recording of the webinar, “Foreign Ownership of Agricultural Land: Federal & State Legislative Update,” is available online on the NALC website. He has also developed the NALC’s Foreign Ownership of Agricultural Land: FAQs and Resource Library, highlighting state laws, AFIDA, federal proposals, and more.

For updates on foreign ownership of agricultural land and other agricultural law developments, subscribe free of charge to The Feed, the NALC’s newsletter highlighting recent legal developments facing agriculture, which publishes twice a month.

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.

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.