Welcome to the Maryland Risk Management Education Podcast featuring Paul Goeringer, extension legal specialist, Department of Agricultural and Resource Economics (AREC) and a member of the Agriculture Law Education Initiative. Paul will use this podcast to focus on issues related to agricultural law and risk management education. Send podcast ideas to lgoering@umd.edu. Any images you see are by Edwin Remsberg unless otherwise noted.
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2023 Legal Developments in Ag Law with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field
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In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2023. This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: Lashmet, Tiffany. General WOTUS Coverage. Goeringer, Paul. Supreme Court Upholds Dismissal of Prop 12 Suit. (Ma…
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Citizens’ Group Brings Action that USDA Violated Federal Law in Granting Loan Guarantees
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In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed: Concerned Citizens of West Tennessee v. USDA, No. 1:22-cv-01275 (W.D. Tenn. December 12, 2022). Goeringer, Paul, Citizens’ Group Brin…
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Court Vacates Jury Award in Dicamba Drift Damage Case
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In this episode, Paul discusses a recent decision remands a jury verdict on punitive damages against BASF in a dicamba drift damage to a peach grower for a new trial on the punitive damage issue. Materials discussed: Goeringer, Paul, Court Vacates Jury Award in Dicamba Drift Damage Case (Oct. 25, 2022).…
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Federal District Court Denies Some Arguments to Dismiss Claims Against Perdue Farms
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In this episode, Paul discusses a recent decision in a motion to dismiss filed by Perdue Farmers in an action by a former grower claiming the grower is an employee, not an independent contractor. Materials discussed: Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022). Goeringer, Paul…
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Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications
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In this episode, Paul discusses a decision out of Wisconsin highlighting how appeals can be handled negligent nutrient application decision. Materials discussed: Goeringer, Paul, Decision Highlights How Jury May Handle Claims of Negligence in Nutrient Applications (Oct. 4, 2022).Oleh Paul Goeringer
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Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers
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In this episode, Paul discusses a recent complaint filed by a former Perdue grower claiming the grower is an employee, not an independent contractor. Materials discussed: Goeringer, Paul, Another Class Action Filed Claiming Companies Have Miscategorized Contract Growers (Sept. 13, 2022). Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing…
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2022 Legal Developments in Ag Law with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field
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In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2022. This is a joint podcast with Ag Law in the Field. The top legal issues discussed in the podcast are: Lashmet, Tiffany. Understanding & Evaluating Carbon Contracts (Jan. 24, 2022). Goeringer, Paul. Sequestering Ca…
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Interpreting Conservation Easements and When New Structures are Allowed
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In this episode, Paul discusses a recent Maryland decision that highlights when new structures are allowed on property under conservation easement. Materials discussed: Goeringer, Paul, Interpreting Conservation Easements and When New Structures are Allowed (June 21, 2022). Roxbury View, LLC v. McCauley, No. 235, Sept. Term, 2021, 2022 WL 1091684 (…
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Recent Wind Farm Decision Highlights Difference in State Processes
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n this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Goeringer, Paul, Recent Wind Farm Decision Highlights Difference in State Processes (May 31, 2022). Dan's Mountain WindForce, LLC v. Shaw, No. 1238, 2022 WL 1115005 (Md. Ct. Spec. App. Apr. 14, …
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Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company
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In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Goeringer, Paul, Potential Class Action Lawsuit Filed Arguing Broiler Growers Are Employees of Company (May 10, 2022). Learn more about the MSBA Legal Lab podcasts by clicking here. If you have…
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When Estate Planning Goes Wrong: Why Might a Receivership Be Required?
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In this episode, Paul discusses a recent Nebraska decision that highlights when courts might utilize a receivership to manage property. Materials discussed: Goeringer, Paul, When Estate Planning Goes Wrong: Why Might a Receivership Be Required? (Feb. 15, 2022). Seid v. Seid, 967 N.W.2d 253 (Neb. 2021). Learn more about the MSBA Legal Lab podcasts b…
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Understanding What an Easement by Necessity Is and When One Is Created
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In this episode, Paul discusses the Maryland court decision covering when an easement by necessity can be established. Materials discussed: Goeringer, Paul, Understanding What an Easement by Necessity Is and When One Is Created (March 29, 2022). Gunfeld Coal Co. v. Carey, No. 50, Sept. Term, 2021, 2022 WL 767215 (Md. Ct. Spec. App. Mar. 14, 2022). …
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Sequestering Carbon: What To Think About With Carbon Contracts
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In this episode, Paul discusses what to consider with carbon contracts and other contracts that would require sequestering greenhouse gases on farms. Materials discussed: Goeringer, Paul, Sequestering Carbon: What To Think About With Carbon Contracts (Jan. 25, 2022). Lashmet, Tiffany, Understanding & Evaluating Carbon Contracts, Texas A&M Universit…
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North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law
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In this episode, Paul discusses the Court of Appeals of North Carolina's decision involving the constitutionality of amendments to North Carolina's Right-to-Farm law. Materials discussed in this episode: Goeringer, Paul. North Carolina Court Rejects Challenges to Changes Made to State Right-to-Farm Law (Jan. 6, 2022). If you have questions for Paul…
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2021 Legal Developments in Ag Law with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field
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In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2021. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Lashmet, Tiffany. Waters of the United States Update (Sept. 21, 2021). Carbon Contracts Video (2021). Lashmet, Tiff…
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Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring
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In this episode, Paul discusses the Ninth Circuit's decision to vacate EPA's CAFO permit for Idaho. Materials discussed in this episode: Goeringer, Paul. Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring (Sept. 28, 2021). If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, follow him on Instagram, or 301-40…
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Ninth Circuit Rules in Favor of Beef Checkoff Program
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In this episode, Paul discusses the Ninth Circuit's decision upholding the Montana beef checkoff program. Materials discussed in this episode: Goeringer, Paul. Ninth Circuit Rules in Favor of Beef Checkoff Program (Aug. 17, 2021). R-CALF v. Vilsack, No. 20-35453, 2021 WL 3161201 (9th Cir. 2021). If you have questions for Paul contact him at lgoerin…
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State Court Decision Highlights When Right-to-Farm Laws Might Not Apply
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In this episode, Paul discusses a decision out of Texas involving a nuisance suit with two poultry farms and neighboring landowners. Materials discussed in this episode: Goeringer, Paul. State Court Decision Highlights When Right-to-Farm Laws Might Not Apply (Sept. 15, 2021). Huynh v. Blanchard, No. 12-20-00198-CV, 2021 WL 3265549 (Tex. Ct. App. Ju…
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State Agricultural Mediation Programs: A Conversation with Jackie Schweichler
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In this episode, Paul is joined by Jackie Schweichler, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss her role managing Pennsylvania's Agricultural Mediation Program. Materials discussed: Maryland Agricultural Conflict Resolution Service Pennsylvania Agricultural Mediation Program Penn State Center …
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Leasing Farmland For Solar Development: A Conversation with Brook Duer
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In this episode, Paul is joined by Brook Duer, Staff Attorney at the Center for Agricultural and Shale Law at Penn State University, to discuss his work on legal issues landowners should consider when leasing farmland for solar development. Materials discussed: Penn State Center for Agricultural and Shale Law. Penn State Solar Law Videos (2021) If …
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Proposed Capital Gains Tax and Estate Tax Changes Impact on Agriculture with Bart Fischer
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In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss a report his center recently released looking at the proposed changes to the estate tax and capital gains taxes. Materials discussed: Ou…
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Supreme Court of Mississippi Finds Use of Scare Guns Falls Under the Right-to-Farm Law
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In this episode, Paul discusses a decision out of Mississippi involving the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). Goeringer, Paul. Supreme …
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Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown
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In this episode, Paul discusses a recent federal district court decision out of North Carolina that allows trespass and negligence claims against Murphy-Brown and Smithfield to continue. Materials discussed in this episode: Goeringer, Paul. Federal Judge Allows New Lawsuit to Continue Against Smithfield and Murphy-Brown (May 4, 2021). Goeringer and…
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More on Scare Guns and the Right-to-Farm Law
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In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer, Paul. More on Scare Guns and the Right-to-Farm Law (April 13, 2021). G…
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Maryland Circuit Court Judge Reverses Final Maryland AFO Permit
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In this episode, Paul discusses a recent Circuit Court ruling that required the Maryland Department of the Environment to take into account gaseous emissions of ammonia in the AFO General Discharge permit. Materials discussed in this episode: Goeringer, Paul. Maryland Circuit Court Judge Reverses Final Maryland AFO Permit (Mar. 23, 2021). If you ha…
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County Granting Special Exception for Solar Development Did Not Create a Vested Right
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In this episode, Paul discusses a recent Court of Special Appeals of Maryland decision that highlights the interplay between the Public Service Commission and a county in the development of utility-scale solar energy facilities. Materials discussed in this episode: Goeringer, Paul. County Granting Special Exception for Solar Development Did Not Cre…
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In this episode, Paul discusses the final hemp rule recently published by USDA. The rule is currently under a 60-day hold for review and we will have to wait and see if additional changes will happen. Note from Paul: since publishing this USDA has allowed the final rule to go into effect after the internal review. Materials discussed in this episod…
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Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator
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In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found not to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. Maryland Court of Appeals Finds Farm Manager is not a Joint Employee of Poultry Integrator(Dec. 8, 2020) G…
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North Carolina Hog Farm Litigation: A Conversation with Andrew Branan of NC State
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In this episode, Paul is joined again by Andew Branan, JD, Assistant Extension Professor, Department of Agricultural and Resource Economics, College of Agricultural and Life Sciences, North Carolina State University, to discuss the recent decision by the Fourth Circuit Court of Appeals in the North Carolina Hog Farm Litigation. If you have question…
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2020 Legal Developments in Ag Law with Tiffany Lashmet: A Joint Podcast with Ag Law in the Field
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In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2020. This is a joint podcast with Ag Law in the Field. Top legal issues discussed in the podcast are: Goeringer, Paul. Dicamba Legal Update On the Ninth Circuit And What Is Going On With the Drift Class Action (Aug. 2…
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Preferential Transfers/Payments: A Conversation with Michael Fielding
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In this episode, Paul is joined again by Michael Fielding, Partner, Husch Blackwell, to discuss the recent demand letters that many dairy producers received from ASK on potential preferential payments made by Dean Foods to the farmers. If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoer…
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5 steps to find the right attorney for your needs
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In this episode, Paul discusses a recent column he did for the American Agriculturist magazine on the 5 steps you should consider when finding and interviewing an attorney. Materials discussed in this episode: Goeringer, Paul, 5 steps to find the right attorney for your needs (Farm Progress, 2020). If you have questions for Paul contact him at lgoe…
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Hunting Leases: Checklist for Those Considering a Hunting Lease
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In this episode, Paul discusses what should go into considerations for hunting leases. Materials discussed in this episode: Goeringer, Paul, Hunting Leases: Checklist for Those Considering a Hunting Lease (AREC 2015). Kayes, Jonathan, Landowner Liability and Recreational Access (UME, 2008). Lashmet, Tiffany, Texas Hunting Lease Checklist (TAMU Agri…
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Appeals Court Remands Enlist Duo Registration to EPA But Does Not Vacate
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In this episode, Paul discusses the recent ruling by the 9th Circuit remanding the registration for Enlist Duo back to EPA to provide more reasoning on the impact of the pesticide's usage on target areas to milkweed. This ruling comes in a string of rulings that have impacted pesticide usage in the U.S. Materials discussed in this episode: Goeringe…
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CEQ Finalizes First Update to the National Environmental Policy Act Since 1978
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In this episode, Paul discusses the recent final regulation announced by the Council on Environmental Quality (CEQ) to update the National Environmental Policy Act (NEPA). This update will have an impact on agriculture. Materials discussed in this episode: Goeringer, Paul, CEQ Finalizes First Update to the National Environmental Policy Act Since 19…
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Conversation with Dr. Bailey Norwood on Supply Chains in Agriculture and COVID-19
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In this episode, Paul is joined by Dr. Bailey Norwood, Professor, Department of Agricultural Economics, Oklahoma State University, to discuss the impact of COVID-19 on ag supply chains. If you have questions for Bailey, you can email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawP…
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Dicamba Legal Update: What Is Going On In the Ninth Circuit And What Is Going On With the Drift Class Action
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In this episode, Paul discusses recent updates in the area of dicamba with the EPA vacatur of the registration for three dicamba-based herbicides and the class action settlement in the drift suits. Materials discussed in this episode: Goeringer, Paul, Dicamba Legal Update: What Is Going On In the Ninth Circuit And What Is Going On With the Drift Cl…
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0.3 percent of what? Pay attention to changes in the new state hemp production plan
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In this episode, Paul discusses how MD's proposed hemp plan would change the definition of what is considered hemp and why that change is needed to comply with federal law. Materials discussed in this episode: Goeringer, Paul, 0.3 percent of what? Pay attention to changes in the new state hemp production plan (AREC 2020). If you have questions for …
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Cattle Market Developments with Dr. Justin Benavidez and Dr. Charley Martinez
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In this episode, Paul is joined by Dr. Justin Benavidez, Assistant Professor – Extension Economist, Texas A&M AgriLife Extension Service, and Dr. Charley Martinez, Assistant Professor and Extension Economist, Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent developments in the c…
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Paul gets to take the week off and Emily Zobel, Agriculture Senior Agent Associate, the University of Maryland Extension in Dorchester County, takes over the podcast to discuss farm stress and ways to manage stress. Materials discussed in this podcast: Farm Stress Management, University of Maryland Extension. You can contact Emily by emailing her h…
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Resolving Distressed Farm Loans: A Conversation with Michael Fielding
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In this episode, Paul is joined by Michael Fielding, Partner, Husch Blackwell, on how to resolve distressed farm loans. If you have questions for Mr. Fielding, please email him here. If you have questions for Paul contact him at lgoering@umd.edu, tweet him @aglawPaul, on Instagram @aglawPaul, or 301-405-3541.…
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Chapter 12 Bankruptcy Basics: A Conversation with Julie Walker
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In this episode, Paul is joined by Julie Walker, a Research Assistant, University of Maryland, and a recent graduate of Drake Law Schoo with J.D. and a certificate in Food and Agricultural Law to discuss her research that has been focused on Chapter 12 bankruptcy. If you have questions for Ms. Walker, please email her here. If you have questions fo…
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What is Going On with Dicamba: A Conversation with Brigit Rollins
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In this episode, Paul is joined by Brigit Rollins, Staff Attorney, National Agricultural Law Center, University of Arkansas, to discuss the recent 9th Circuit decision vacating the EPA's approval of three dicamba-based herbicides. Materials discussed: National Agricultural Law Center's website. Rollins, Brigit. Deal With Dicamba blog posts, Agricul…
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Impact of High Path Avian Influenza on the Firm: A Conversation with Dr. Jada Thompson
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In this episode, Paul is joined by Dr. Jada Thompson, Assistant Professor Department of Agricultural and Resource Economics, Institute of Agriculture, University of Tennessee, to discuss recent article she co-authored on the impact of high path avian influenza on firms. Materials discussed: Thompson, Jada, Carlos J.O. Trejo-Pech, Dustin L. Pendell.…
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Coronavirus Food Assistance Program: A Conversation with Dr. Bart Fischer
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In this episode, Paul is joined by Dr. Bart Fischer, Co-Director of the Agricultural and Food Policy Center and a Research Assistant Professor Department of Agricultural Economics, Texas A&M University, to discuss the new Coronavirus Food Assistance Program that was recently announced by USDA. Materials discussed: The Agricultural and Food Policy C…
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Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19?
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In this episode, Paul discusses force majeure contracts that could be found in many agricultural contracts. This episode is based on work by Paul, Elizabeth Thilmany, and Mayhah Suri. Materials discussed in this episode: Goeringer, Paul, Elizabeth Thilmany, and Mayhah Suri, Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by …
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Conversation with Adam Kantrovich on New SBA Programs
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In this episode, Paul is joined by Dr. Adam Kantrovich, Extension Associate Professor of Agribusiness, Clemson University Extension to newly created programs to assist business owners including agricultural operations through the Small Business Administration during the COVID-19 pandemic. Materials discussed: Clemson University Extension, Agribusin…
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In this episode, Paul is joined by Dr. Tyler Mark from the Department of Agricultural Economics at the University of Kentucky to discuss some of the basic issues associated with industrial hemp. Materials discussed: Industrial hemp agronomic research at the University of Kentucky. If you have questions for Dr. Mark, you can email him here or tweet …
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Poultry Markets During Coronavirus: A Conversation with Dr. Jordan Shockley
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In this episode, Paul is joined by Dr. Jordan Shockley, Assistant Extension Professor, Department of Agricultural Economics, University of Kentucky, to discuss the poultry market changes during the COVID-19 outbreak. If you have questions for Jordan, you can email him here or you can tweet @Shock_N_AgMgmt. If you have questions for Paul contact him…
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Cattle Markets During Coronavirus: A Conversation with Dr. Derrell Peel
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In this episode, Paul is joined by Dr. Derrell Peel, Professor & Charles Breedlove Professorship in Agribusiness, from Oklahoma State University and the Farm to Market Podcast, to discuss the cattle market changes during the COVID-19 outbreak. Materials discussed: Economic Damages to the U.S. Beef Cattle Industry Due to COVID-19, NCBA (2020). If yo…
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