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Articles by Ag Law
How Right-to-Farm Laws Operate to Protect Ag Practices Used by Producers
Right-to-farm laws provide agricultural producers, forestry operations, and aquaculture producers a defense in a nuisance lawsuit under certain circumstances. A 2022 Supreme Court of Mississippi decision highlights how the right-to-farm defense can protect agricultural operations. In this case, two producers began using propane cannon scare guns to prevent deer from eating their cotton and soybean crops during summer.
Overtime for the Agricultural Industry
The Fair Labor Standards Act (“FLSA”) does not require that employees who are employed in agriculture receive the federal overtime payment of time and one-half their regular rates for hours worked more than 40 hours per week. However, states are free to enact their own regulations that mandate overtime requirements for agricultural workers. So far six states have taken that step and implemented their own requirements.
What Are Right-to-Farm Laws?
Agricultural operations often cause dust and odors which could impact neighbors and bring nuisance claims. All 50 states have a right-to-farm law on the books, providing a nuisance defense for agricultural operations. This defense varies from state to state, but each state’s law operates to provide a defense in situations when a party is claiming the farm is a nuisance. What is a nuisance? A nuisance is a condition or situation impacting another person’s use and enjoyment of property.
Foreign Ownership of Agricultural Land in the United States
Congress enacted the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) to establish a nationwide scheme for collecting information on foreign investments in U.S. agricultural land. Under AFIDA, certain foreign investors are required to disclose their acquisitions and holdings in farm, ranch, and forestland to the United States Department of Agriculture (USDA).
Bankruptcy: Are Taxes Dischargeable?
When facing financial trouble and bankruptcy, don’t forget about the taxes. While Chapter 12 bankruptcy contains a provision allowing for the deprioritization of taxes, there is no comparable provision for other types of bankruptcies. But, for Chapter 7 and 11 filers, there is a possibility that taxes could be dischargeable in bankruptcy. That’s because under those bankruptcy code provisions, a new tax entity is created at the time of bankruptcy filing.
Ethanol Demand Destruction and Small Refinery Exemptions
Small refinery exemptions (SREs) represent the latest controversy to engulf the Renewable Fuel Standard (RFS). When the U.S. Congress first created the RFS in the Energy Policy Act of 2005 it included a temporary exemption for small refineries from the mandate through 2011. Under the Obama Administration, SREs were rarely granted after 2011. This changed radically under the Trump Administration, which granted a total of 48 SREs retroactively for 2016 and 2017.
Texas: Be Prepared for Flooding, High Winds
Experts suggest farmers and ranchers assess the flood risk to their property and make plans to move their livestock to higher and drier ground in preparation for flooding. Photo: Blair Fannin, Texas AgriLife Extension With the probability of extensive rain and high winds, especially in coastal areas of the state as a result of tropical storms, Texas A&M AgriLife Extension Service experts are asking Texans to take measures to prepare their houses, farms and ranches for flooding.
Cuba - U.S. Ag Business Conference, Havana, Cuba, Nov. 8-10
This conference comes at a time when U.S. agriculture needs to expand into new markets, Cuba continues to depend on imports for 80 percent of its food supply, and Congress is poised in the Farm Bill to allow USDA export promotion programs to be used in Cuba. The conference allows participants a chance to meet ministers, leaders of agriculture industry, farmers, cooperatives, and decision makers in Cuba’s newly formed government.
Shurley on Cotton: Hurricane Florence Impacts and Early Fall Pre-Harvest Outlook
Shurley on Cotton: Hurricane Florence Impacts and Early Fall Pre-Harvest Outlook Posted on September 14, 2018 By Don Shurley, University of Georgia Ag Economist Our thoughts and prayers go out to everyone but especially our fellow farmers and cotton producers in North Carolina, South Carolina, and Virginia. The very latest projected path of the storm (as of this morning), takes it along the NC coast then inland across virtually all of SC.
DTN Grain Midday: Wheat Moves Higher
Row crop trade is hanging around unchanged at midday, with wheat firmer. Corn trade is flat to 1 cent lower at midday in quiet trade, holding above the $3.50 area on the December contract so far. Early harvest should begin to expand with SE Nebraska/NE Kansas/NW Missouri seeing more progress into the weekend, along with parts of Illinois. Ethanol margins remain tight with futures still on the low end of the range but edging slightly higher this morning, while the blender margins remain solid.
DTN Cotton Open: Market Consolidates Amid Storms, Crop Report
December cotton is stuck in neutral as Hurricane Florence has/is making landfall. It has been suggested if North Carolina were to lose 25% of its crop, that amount would translate into a 200,000 bales reduction to the nation’s cotton crop. However, whatever those eventual Carolina losses turn out to be, either more or less, they will not tally up until the October crop report.
Georgia: Plains Peanut Festival, Plains, Sept. 22
The 22nd annual Plains Peanut Festival is scheduled for Saturday, Sept. 22 in Plains, Georgia, home of President Jimmy Carter and First Lady Rosalynn Carter. The event highlights the harvest of its cash crop, peanuts, which has big potential across the globe by providing a sustainable and nutritious product and fighting malnutrition. Georgia leads the nation in annual peanut production, accounting for nearly half of all the peanuts grown in the United States.
Minnesota Corn: Evaluating Fertilizer Purchase Decisions - 5 FAQs
Tight profit margins are making decisions on inputs to crops difficult for farmers. Decisions on when and where to use fertilizers can be important to ensure maximum profitability. Decisions on nutrients such as nitrogen are easy for crops like corn, wheat, and sugar beet as these crops will likely respond to nitrogen. Other nutrients such as phosphorus, potassium, and sulfur can benefit crops but it depends on soil test levels and a crops need for a specific nutrient.
Kentucky Corn: Impact of July, Aug. Weather on Yields
Rainfall and temperatures influences corn yield throughout its lifecycle, but especially during the seed fill period. Dr. Bob Nielsen at Purdue recently wrote an excellent article on temperatures, rainfall and corn yields for Indiana. He compared yield departures from the trendline to temperature and rainfall departures from normal. He found that wetter and cooler weather correlated with higher corn yields in Indiana. We used similar methods for Kentucky corn and made the following conclusions.
Federal Reserve: Observations on the Ag Economy- August 2018
On Thursday, the Senate Ag Committee held a hearing titled, “Perspectives on U.S. Agricultural Trade,” where lawmakers engaged in a discussion with Chief Agricultural Negotiator with the Office of the United States Trade Representative, and Under Secretary For Trade And Foreign Agricultural Affairs.
Soybean Prices: Yuck - But Look at Corn Futures! - DTN
©Debra L Ferguson Stock Photography Soybean prices — yuck. The National Soybean Index, an average of all the cash bids collected by DTN across the country each day, was $7.32 per bushel Tuesday. It’s all I can think about, and all anyone asks me about whenever they want to discuss the grain markets. I am sick to my stomach dreading the upcoming expense and effort of harvesting 2018 soybeans that are worth only $6.80 per bushel at my local elevator.
U.S. Farm Trade Damage Estimate Calculations - USDA Website
U.S. Secretary of Agriculture Sonny Perdue today released a detailed accounting of how USDA calculated estimated damage from trade disruptions. USDA’s Office of the Chief Economist developed an estimate of gross trade damages for commodities with assessed retaliatory tariffs by Canada, China, the European Union, Mexico, and Turkey to set commodity payment rates and purchase levels in the trade mitigation package announced by USDA on September 4, 2018.
Ag, Ethanol Groups to Trump - We Need Relief Now, Not Later - DTN
Corn pouring out of an auger during harvest. Photo: ©Debra L Ferguson Stock Photography Leaders of several agriculture and ethanol groups on Wednesday appealed to President Donald Trump to immediately approve year-round sales of E15 and to reallocate Renewable Fuel Standard small-refinery waivers to larger refiners. Agriculture and ethanol interests have pressed Trump for the better part of a year to make the changes.
Texas West Plains: Grain Sorghum, Peanuts, Cotton Updates
Grain sorghum ranges from just planted for cover to nearing harvest on early planted acres. Sorghum acres which have not developed a grain head yet should not worry about protecting it from pests. The economics are just not there. These acres at best will serve as a good cover crop. Those acres which have flowered and are making grain could have time to mature and may be worth protecting from sugarcane aphids and possibly headworms. The recent rains have improved the prospects on some of these acres.
USDA Yield Estimate: Soy and Corn - Big Crops Getting Bigger - DTN
Soybean harvest. ©Debra L Ferguson Big crops keep getting bigger, according to USDA’s latest yield estimates. The agency’s forecast for corn yields increased by 2.9 bushels per acre while soybean yields grew by 1.2 bpa. The national average corn yield is now estimated at 181.3 bpa with production totaling 14.8 billion bushels. The yield and production estimate came in above the range of pre-report estimates.
DTN Livestock Open: Mixed Trade Likely
Limited direction is expected early Friday morning as most traders will focus their attention elsewhere. The impact of Hurricane Florence will likely have a huge impact on all markets through the end of the week.
DTN Grain Open: Mild Gains to Finish Soft Week
6:00 a.m. CME Globex: December corn was up 1, November soybeans were up 3 1/2, and December K.C. wheat was up 5 1/2. CME Globex Recap: Mostly better international equity markets to close the week although the US will be focused on Hurricane Florence this weekend and the aftermath it generates. Grains can bounce into the weekend but sentiment and money flow remain negative across the board.
Weekly Cotton Market Review - USDA
Spot quotations averaged 65 points higher than the previous week, according to the USDA, Agricultural Marketing Service’s Cotton and Tobacco Program. Quotations for the base quality of cotton (color 41, leaf 4, staple 34, mike 35-36 and 43-49, strength 27.0-28.9, and uniformity 81.0-81.9) in the seven designated markets averaged 78.98 cents per pound for the week ending Thursday, September 13, 2018.
Ag Law in the Field: Tips for Negotiating an Oil, Gas Lease - Podcast
Negotiating an oil and gas lease can be complex and confusing. Today, Nicholas Miller is here to help offer some practical advice and tips for mineral owners who may be negotiating a lease agreement. Nicholas walks us through how the leasing process typically works, what terms are usually contained in the offer letter and a lease form, and how he approaches negotiations.
DTN Livestock Close: Mixed Trade Stabilizes Futures
Livestock futures bounced back from early lows, but a lack of trade interest combined with aggressive gains at midday has led to uncertainty through the market. Continued outside market pressure is adding to the uncertainty. Cash cattle trade is undeveloped at this point Thursday afternoon with packers showing more interest as the week has continued, but doing very little to improve bids so that feedlot managers may become more interested.
Texas: Bailey County Cotton Field Day, Muleshoe, Sept. 19
The Texas A&M AgriLife Extension Service in Bailey County will host a cotton field day Sept. 19 at the Chris Bass Farm near Muleshoe. The program will begin at 10 a.m. at the farm, located 6.5 miles north of Muleshoe on Texas Highway 214. The field is on the west side of the highway at the corner of County Road DD. “We will be touring a replicated agronomic cotton evaluation, or RACE, field trial,” said Curtis Preston, AgriLife Extension agriculture and natural resources agent in Bailey County.
Oklahoma: Unwanted Pesticide Disposal Program, Woodward, Sept. 26
Pesticide applicators and dealers, homeowners, farmers, ranchers and gardeners are invited to participate in an Unwanted Pesticide Disposal Program from 8 a.m. to 1 p.m. Sept. 26 at the Woodward County Fairgrounds. Funded by the Oklahoma Department of Agriculture, Food and Forestry, the program will allow Oklahomans to properly dispose of unwanted pesticides at the event. This valuable service will reduce the complications and costs often associated with pesticide disposal.
Pennsylvania Corn: Sprouting in the Ear - What Should You Do?
Wet conditions during the grain filling period in corn can sometimes result in sprouted kernels in the ear. It is uncertain now how much sprouting has occurred due to the widespread rain during the past few days, but it would be good to do some assessment prior to harvest for this issue. I have noticed some sprouting this week in Centre County and noticed some last month as well, but it is too early to tell if it will be a widespread issue.
Farm Safety: Extracting Farm Machinery from Muddy Fields
Weather continues to change and impact field conditions this time of year. Rain, snow, and ice can complicate a day’s work in the field when soil becomes water logged. Often we are in a hurry and ready to begin field preparations for spring planting whether tillage or spreading manure. Equipment becomes stuck and extraction takes time. With time being a precious commodity on the farm, make sure you ensure safety is a priority when attempting stuck equipment.
Pennsylvania Soybeans: Scouting for White Mold
While not as widespread as in 2016, white mold of soybean is causing problems in several fields and has been seen in fields in the northern parts of Pennsylvania. We have been receiving questions about the potential impact to reduce yield and if there are methods to estimate the potential losses.
DTN Cotton Close: Market Lower Absent of Bullish News
December Cotton settled markedly lower Thursday as concrete bullish news is in short-supply. To a degree, the market has preemptively dialed in the potential losses of Hurricane Florence. Additionally, Hurricane Isaac has been downgraded to a tropical storm, and for the moment seems to be less of a threat. Other bearish news would include Thursday morning’s weekly sales and exports. That report revealed slow to dismal cotton business is occurring.
DTN Grain Close: Investor Selling Weighs on Commodities
It was a risk-off day for commodities on Thursday, with energy, metals and grains under pressure, the latter still feeling the sting of Wednesday’s bearish USDA report. This is despite the U.S. dollar index that reached two-week lows on weaker-than-expected inflation data. Hurricane Florence has been downgraded, which has eased concerns in the crude oil market. Equities are trading higher. Midday: Trade is lower at midday after mixed overnight and early morning change.
Americot Announces New Hires In Texas Market
Americot, Inc. has announced three new hires, Lucy Carmichael, Daniel Nix and Dusty Parker. Lucy Carmichael, marketing coordinator, supporting our sales teams and customer marketing activities throughout the Cotton Belt. She is based in Lubbock, Texas. She holds a degree in advertising, with a minor in agriculture communications from Texas Tech. Growing up in Haskell, Texas, Carmichael comes from an agricultural family, both on the cotton side, as well as cattle ranching.
DTN Livestock Midday: Market Stability Develops
Buyer support has attempted to trickle into early losses across livestock futures. This is keeping prices mixed in a narrow to moderate range. Trade volume is expected to remain sluggish through the remainder of the session. Mixed livestock trade has offset early morning pressure as increased trader activity seems to have brought some calmness to the complex.
DTN Grain Midday: Lower Following Mixed Trade
Trade is lower at midday after mixed overnight and early morning change. Corn trade is 1 to 2 cents lower with trade holding support at the previous low by a quarter cent on the December contract, but we remain near the contract low at midday. Outside markets are providing light spillover pressure. Early harvest should begin to expand with SE Nebraska/NE Kansas/NW Missouri seeing more progress.
DTN Cotton Open: Lower on Crop Data, Storm Weariness
Overnight December cotton is trading lower with a supply-demand hangover. Yesterday, USDA increased the U.S. crop by some 560,000 bales, from 19.22 to 19.68 million bales, in its monthly supply-demand report for September. However, industry expectations were calling for reduced production. Although USDA did lower its yield-per-acre, it also increased total acres, as well as hiking domestic and world carryouts.
Farm Safety: Understanding Grain Bin Hazards - Videos
Farm Safety: Understanding Grain Bin Hazards – Videos Posted on September 13, 2018 By North Carolina Cooperative Extension Safety harness in grain bin. Grain bins pose serious risks to farmworkers and their families. Watch this video, created by N.C. Cooperative Extension Agent Paul Smith, Jr., demonstrating the dangers associated with working or playing in a grain bin.
Georgia Cotton: Whitefly Pressure a Concern for Late Planted Crops
Georgia cotton farmers who planted their crop late this year need to be mindful of potential whitefly pressure, according to Phillip Roberts, University of Georgia Cooperative Extension entomologist. Because whiteflies prefer green, lush cotton over cotton that is near maturity, most of the cotton that was planted early in April and May avoided whitefly problems. However, Roberts has observed whiteflies on late-planted cotton, or cotton planted in June.
Georgia Peanuts: Farmers Considering Early Harvest
Peanut comparison of healthy peanuts vs. peanuts infected with white mold disease. Photo: University of Georgia Plant diseases, like leaf spot and white mold, are forcing Georgia peanut farmers to consider moving their harvest times up a few days, according to University of Georgia Cooperative Extension peanut agronomist Scott Monfort.
DTN Livestock Open: Early Price Support Expected
Early follow-through buyer support is expected Thursday morning. This is likely to spark some additional underlying activity through the entire complex. But the recent gains may allow for widespread volatility through the end of the week.
DTN Grain Open: Mixed Trade with Harvest on Tap, WASDE in Rearview
6:00 a.m. CME Globex: December corn was up 1 1/4, November soybeans were down 4, and December K.C. wheat was down 1 3/4. CME Globex Recap: Global equity markets are higher this morning on the prospect of renewed Chinese/US trade talks. Energy markets are taking a breather after the Hurricane Florence run-up. Mixed trade in the grain room with the path of least resistance still lower.
DTN Livestock Close: Trade Explodes Higher
Strong gains quickly developed in all livestock trade with cattle and hog futures holding triple-digit gains in nearby contract months. This is helping to calm some fears that additional weakness may trickle through the market in the near-term. Cash cattle trade is still undeveloped, although packer interest has improved through the day Wednesday. Bids are seen at $168 to $170 per cwt dressed basis, although most bids are at $168 per cwt dressed. Live bids are holding at $106 per cwt.
Global Markets: Rice - Venezuelan Purchases Up, Mostly Sourced from Brazil
In the first seven months of 2018, Venezuela has imported more rice than all of 2017. Purchases were particularly large ahead of the May 2018 elections. The suppliers to Venezuela are markedly different than they were in past years. Typically, the United States has been the largest supplier of paddy rice.
Global Markets: Soybeans - Share of Brazil’s Exports to China Spikes in August
The share of Brazil’s exports destined for China rose to 85 percent in August, 7 percentage points above the previous month. This increase is due to a turn to Brazilian sources by China following the implementation of duties on U.S. soybeans. This has resulted in higher prices for Brazilian soybeans that discouraged purchases by importers other than China. This trend seems likely to continue and may strengthen in the coming months.
Global Markets: Corn - EU Imports to Rise Even Higher
EU corn imports are now forecast to reach another record in 2018/19 based on several factors. First, the supplies of key feed grains are limited in the domestic market. Wheat supplies in the European Union and Black Sea region are very tight, triggering additional demand for alternative feed grains.
Global Markets: Wheat - Australian Exports Forecast Lowest in a Decade
Australian 2018/19 wheat exports are forecast at 14.0 million tons (July-June trade year), the lowest since 2009/10, due to less production from drought-stricken Queensland and New South Wales. Wheat production is forecast at 20.0 million tons for 2018/19, which would be the lowest since 2007/08. As Australian supplies become tighter, prices have been climbing to levels significantly higher than those of other global exporters.
Global Markets: Cotton - U.S. Drives Ag Export Growth in Southeast Asia
Cotton is helping drive record U.S. agricultural exports to Southeast Asia. Over the last 5 years, higher exports of cotton have accounted for over two-thirds of the total growth in U.S. agricultural exports to the region. For 2017/18, cotton was the leading export (value) to Vietnam and second-highest to Indonesia and Thailand.
Iowa Corn: Tar Spot Samples Needed for Research
The University of Illinois, Urbana, is seeking assistance from its friendly neighbor to the west, the corn-state of Iowa, in locating samples of tar spot in corn. This is part of the university’s new research project investigating the genetic variability of the tar spot pathogen. Tar spot symptoms are small, black raised spots — that can be circular or oval — and may appear on one or both sides of leaves, leaf sheaths and husks.
DTN Cotton Close: Market Recovers From Steep Decline
December Cotton staged a late session rally after suffering punishingly bearish supply-demand data. Traders were expecting a small decline in U.S. production, but such was not the case. The government agency saw fit to raise the domestic crop some 445,000 bales. Additionally, U.S. ending stocks increased by 100,000 bales. The world carryout saw a 360,000 bale increase. Interestingly Brazil’s exports were up 200,000 bales, no doubt an unintended consequence of the U.S./China trade war.
WASDE Oilseeds: Record High Domestic Soybean Production
U.S. oilseed production for 2018/19 is projected at 138.4 million tons, up 2.9 million from last month with higher soybean and cottonseed production forecasts partly offset by a lower peanut forecast. Soybean production is projected at a record 4,693 million bushels, up 107 million on a record yield forecast of 52.8 bushels per acre. Soybean supplies are raised with higher production only partly offset by lower beginning stocks.
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