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Articles by Ellen Essman
Ohio Supreme Court Rules In Employee Safety Case On Dairy Farm
By Ellen Essman On August 12, the Ohio Supreme Court released its opinion Camara v. Gill Dairy, L.L.C. The majority opinion was written by Justice Brunner and joined by all of the justices, except for one section that Justice Fischer did not join. The case involves an injury sustained by an employee from equipment on the dairy farm. The case reached the Ohio Supreme Court because the employee, Camara, appealed a decision from Ohio’s Twelfth District Court of Appeals.
U.S. EPA and Army Corps of Engineers open comment period for new “Waters of the United States” definition
By Ellen Essman, Senior Research Associate On November 20 of this year, the U.S. EPA and Army Corps of Engineers submitted a proposed rule which would once again redefine the term “Waters of the United States,” or WOTUS, under the federal Clean Water Act. WOTUS woes In 1972, Congress passed amendments to existing water pollution law, resulting in the federal Clean Water Act (CWA).
Trio of Ag Bills introduced in Ohio Senate
By Ellen Essman A trio of senate bills related to agriculture were introduced in the Ohio General Assembly this month. The bills touch on a variety of topics, from CAUV recoupment charges, to training an agricultural workforce, to creating a state food and agriculture policy council. Senate Bill 285, available here, was introduced by Senator Tim Schaffer (R-Lancaster) on October 8 and referred to the Senate Ways and Means Committee.
State Operating Budget makes changes to pesticide application laws
Buckeye Briefs, Crops, Top Headlines By Ellen Essman, Senior Research Associate, Ohio State University After months of deliberation, the General Assembly delivered H.B. 96, the two-year state operating budget, to Governor Mike DeWine. Governor DeWine signed the bill into law on June 30, vetoing several provisions. DeWine issued a number of line-item vetoes, and the General Assembly plans to hold a session on July 21 to override the vetoes related to property tax provisions in the bill.
State Operating Budget Makes Changes to Pesticide Application Laws
Columbus – After months of deliberation, the General Assembly delivered H.B. 96, the two-year state operating budget, to Governor Mike DeWine. Governor DeWine signed the bill into law on June 30, vetoing several provisions. DeWine issued a number of line-item vetoes, and the General Assembly plans to hold a session on July 21 to override the vetoes related to property tax provisions in the bill.
A look at ag-gag laws
By Leisa Boley-Hellwarth The legislative branch of government writes the laws. The executive branch of government enforces the laws, and the judicial branch of government interprets the laws. This is known as our balance of power. Just because a legislature passes a law doesn’t mean it will be found to be valid or enforceable if litigation ensues. An excellent example of this happened just several months ago in Iowa, a state synonymous with farming.
Elevating the status of animals
By Matt Reese There was a stretch where the Reese children were really into a television show called Secrets of the Zoo. For the most part, I really enjoyed watching the reality show covering the daily trials of the impressive veterinarian staff at the Columbus Zoo. It included plenty of valuable, educational information in a way the kids found to be entertaining. As we binge watched the show, though, an underlying theme started to bother me.
Overholt Drainage Workshop
May 3, 2021 Crops, Top Headlines By Vinayak Shedekar, Ohio State University Extension Join Ohio State University Extension for a webinar focused on drainage design, installation, and management including updates on recently passed H.B. 340 on Ohio’s “petition ditch laws” that address the installation and maintenance of drainage works of improvement in Ohio.
Fill in the blank with SB 52
By Matt Reese A proposal to approve or reject the ______________ certificate or amendment issued for __________ in the unincorporated area of __________ Township, __________ County, Ohio, adopted on __________ (date) by the Board of Township Trustees of __________ Township,__________ County, Ohio.
Overcoming converging challenges for a better future
By Matt Reese The last year saw a convergence of needs for local business, local consumers and a local farm in the Hillsboro community in Highland County. The response to the challenges of 2020 from Maplecrest Farms will hopefully help to meet those needs. Maplecrest Farms, founded by John and Joanie Grimes in 1990, has found solid footing as a seedstock operation providing high quality Angus and Simmental genetics for other cattle operations.
Ohio drainage law revamped
January 29, 2021 Crops, Top Headlines By Matt Reese By all accounts, the specifics of House Bill 340 may not be all that exciting, but the bill does have significant implications for Ohio’s agricultural drainage projects moving forward. With more big rain events putting more water into existing drainage systems and increasing scrutiny of water quality in Ohio, massive efforts and big dollars are being poured into reducing agricultural nutrient and soil loss into the water.
Household water use is on the decline
Typical household water use (2016). December 23, 2020 Country Life, Top Headlines By Karen Mancl, Professor Food, Agricultural & Biological Engineering, The Ohio State University Household water use is on the decline, which is good news. This is reversing a trend started in the 1950s of families steadily increasing their water use. Household water use peaked in the late 1990s. The required use of low-flush toilets and the introduction of low-water using washing machines is making all the difference.
Report compares hemp production state by state
A new report for the National Agricultural Law Center examines the different approaches states are taking to regulate hemp under the 2018 Farm Bill. Innovative State Approaches to Hemp Regulations under the 2018 Farm Bill is available at Ohio State University’s Farm Office website. Over the last few years, the agricultural sector has been buzzing with excitement about the potential of a new crop — industrial hemp.
R-CALF USA has a “beef” with federal checkoff program
October 16, 2020 Livestock, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University Earlier this month, the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America (R-CALF USA) sued the United States Department of Agriculture (USDA) in the U.S. District Court for the District of Columbia. R-CALF USA has filed a number of lawsuits involving the Beef Checkoff program over the years, including several that are on-going.
Channel Seeds | Tammy Ott 🎙
October 15, 2020 — Scattered showers will develop midday through evening, ending overnight. Rain totals will be a few hundredths to .3″ with 75% coverage. But, the change in airmass is the real story…
Environmental groups look to “Enlist” more judges to reevaluate decision
October 15, 2020 Crops, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University In July, the U.S. Court of Appeals for the Ninth Circuit decided it would not overturn the EPA registration for the herbicide Enlist Duo, which is meant to kill weeds in corn, soybean, and cotton fields, and is made up of 2,4-D choline salt and glyphosate.
River Valley FFA: Starting the Year Off Hybrid….
October 14, 2020 Chapter News, FFA News By: Kayleigh Aiken, chapter reporter During 2020 there have been many struggles and difficulties that we have overcome and faced. One being schooling either all online, in person, or River Valley’s option hybrid model that started September first as an easy start. The first three days were split up by the alphabet, Tuesday the first A-G, Wednesday the second H-N, and Thursday the third O-Z.
Purple paint to warn trespassers?
October 14, 2020 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University SB 290 seems to be moving in the Ohio Senate again after a lengthy stall, as it was recently on the agenda for a meeting of the Local Government, Public Safety & Veterans Affairs Committee. If passed, SB 290 would allow landowners to use purple paint marks to warn intruders that they are trespassing.
Utica FFA attends Ohio Legislative Leadership Conference
October 12, 2020 Chapter News, FFA News By: Georgia Gamble, chapter reporter The Utica FFA Officer Team participated in the annual Ohio Legislative Leadership Conference in the form of a zoom meeting on September 30th. Normally held at The Ohio State House, the event took place as a webinar due to COVID-19. Joining from all over the state of Ohio, there were around three hundred FFA participants.
West Holmes FFA elps prepare for 2020 Harvest Glow
Members of the Smithville, Triway, and West Holmes FFA chapters participated in the 2nd annual Ag Olympics. October 12, 2020 Chapter News, FFA News By: Chloe Shumaker, chapter reporter On Thursday, October 1st, West Holmes FFA members attended a community service event at Harvest Ridge in the expo center to carve pumpkins for the 2nd annual Harvest Glow event that is held at the Fairgrounds. Members carved from 3-7 and were thanked with a meal by Exclusively Yours Catering.
Northwestern FFA Members Participate in Recycling During the Fair
October 12, 2020 Chapter News, FFA News By: Jadeyn Berry, chapter reporter During the week of the 2020 Wayne County Fair, members of the Northwestern FFA Chapter participated in the recycling program. Members went around each night at closing time and collected recycling items around the fairgrounds in coordination with Jeff Harmon and the Senior Fair Board, the Joint Solid Waste District.
Changes to Ohio drainage law considered in Senate
October 12, 2020 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University The Ohio Senate’s Agriculture & Natural Resources Committee continues to hold hearings on HB 340, a bill that would revise drainage laws. The bill was passed in the house on June 9, 2020.
A look at agricultural policies from 2020 presidential candidates
A new look into the priorities for rural America of President Donald Trump and former Vice President Joe Biden is revealed in responses to a questionnaire distributed by the American Farm Bureau Federation. AFBF asked the Republican and Democratic candidates to respond with their stances on several topics including trade, labor, regulatory reform and sustainability. Here are their responses to the topic of farm policy.
The legalities of noxious weeds
The legalities of noxious weeds By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University We have been receiving many questions about noxious weeds lately. This is meant to be a refresher about what you should do if noxious weeds sprout up on your property. What are noxious weeds?
Innovative state approaches to the hemp regulations Under the 2018 Farm Bill
September 9, 2020 Crops, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University Our newest report for the National Agricultural Law Center examines the different approaches states are taking to regulate hemp under the 2018 Farm Bill. Innovative State Approaches to Hemp Regulations under the 2018 Farm Bill is available on our website at: https://farmoffice.osu.edu/sites/aglaw/files/site-library/HempInnovativeStateApproachesAug2020.pdf.
Federal legislation update
By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University Despite the fact that most of us haven’t seen much besides the inside of our homes lately, the world still turns, which is also true for the gears in Washington D.C. Here is a review of some recently introduced and passed federal legislation, as well as a proposed federal rule.
Job Posting: Lawn & Pet Store Specialist (2 Positions) - Ohio Ag Net | Ohio's Country Journal
July 2, 2020 Jobs Position: Lawn & Pet Store Specialist (2 Positions) Full or Part-time: Full-Time or Part-Time Salaried or Hourly: Hourly Location: East Findlay Job Description: Responsible for selling the lawn and pet store products in a manner that will optimize the cooperative’s market share and savings, improve co-op’s efficiency, help achieve co-op’s mission and goals, and result in outstanding customer service. Primary Responsibilities: Sales involves assisting and establishing sales...
Job Posting: Agronomy Outside Associate
July 2, 2020 Jobs Position: Agronomy Outside Associate Reports to: Location Operations Manager Classification: Fulltime, Hourly Locations: Custar Summary/Objective: Directly involved with customers on a daily basis handling chemicals, fertilizers, seed etc. Assists in good housekeeping and safety practices to maintain agronomy facility.
Updated WOTUS still not perfect
July 2, 2020 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University As always, there is an update on the continuing saga of the waters of the United States (WOTUS) rule. If you recall, back in April, the Trump administration’s “final” WOTUS rule was published. Next, of course, came challenges of the rule from both sides, as we discussed in a previous Harvest post.
No more ag-gag in NC?
July 1, 2020 Livestock, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University We have mentioned a few times before on the blog that North Carolina’s ag-gag law has been embroiled in a lawsuit for several years. North Carolina’s version of “ag-gag” was somewhat different from other states, because the statute applied to other property owners, not just those involved in agriculture.
Meat processing laws in Ohio and the U.S.
June 11, 2020 Livestock, Top Headlines By Peggy Kirk Hall, director of agricultural law, Ohio State University Agricultural and Resource Law Program Meat sales have been subject to serious supply chain issues wrought by COVID-19, raising many questions here in Ohio about who can process meat and where meat can be sold. In my opinion, explaining meat processing laws is nearly as difficult as summarizing the Internal Revenue Code.
Recent Blog Posts
There’s much disagreement over what we know about COVID-19, but one thing we can agree upon is that it has left an impact on the food supply chain. For some food producers, that impact is creating opportunity. Many growers see the potential of filling the gaps created by closed processing facilities, thin grocery shelves, and unwillingness to shop inside stores.
The Ag Law Harvest
By Ellen Essman and Peggy Kirk Hall Many people are still working from home, but that hasn’t stopped legal activity in Washington, D.C. Bills have been proposed, federal rules are being finalized, and new lawsuits are in process. Here’s our gathering of the latest ag law news. SBA posts Paycheck Protection Program (PPP) loan forgiveness application.
New Clean Water Act interpretations make waves
By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University Even with most of the country shut down, the U.S. EPA and the Supreme Court recently released an important rulemaking and a decision, respectively, regarding how parts of the Clean Water Act will be interpreted going forward.
Ohio FFA celebrated National FFA Week in unique ways
By Meredith Oglesby, OCJ FFA reporter Each year during the week of George Washington’s birthday, middle school and high school students across the nation celebrate how the FFA organization is making an impact in their state and local communities. FFA week serves as a time for students to share the impact of agricultural education, interact with alumni and celebrate the organization.
New stewardship network celebrates growing momentum on conservation in agriculture
The National Corn Growers Association and Environmental Defense Fund launched the Success in Stewardship Network at Commodity Classic to celebrate and accelerate the use of agricultural conservation practices on U.S. corn farms. The network will showcase success stories from the many farmers and state-level programs putting stewardship into practice, with the goal of building an ever-growing network of corn farmers who are also conservation leaders.
New Diesel Engine Powered by Ethanol
February 26, 2020 National Headlines By Todd Neeley DTN Staff Reporter HOUSTON (DTN) — When ClearFlame Engines CEO B.J. Johnson told ethanol industry representatives about the potential ethanol market for the company’s all-ethanol diesel engine, those at the recent National Ethanol Conference in Houston could have kissed him.
Ohio legislation on the move
By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University The year is still fairly new, and 2020 has brought with it some newly-introduced legislation in the Ohio General Assembly. That being said, in 2020 the General Assembly also continues to consider legislation first introduced in 2019.
Ohio legislation on the move
By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University The year is still fairly new, and 2020 has brought with it some newly-introduced legislation in the Ohio General Assembly. That being said, in 2020 the General Assembly also continues to consider legislation first introduced in 2019.
Ohio researchers to survey farmers
January 29, 2020 Country Life, Top Headlines Extreme weather, trade tensions, declining prices, lack of access to health care, and urban sprawl. To get a better handle on how Ohio farm families are adapting to these challenges, researchers at The Ohio State University will be asking farmers to share their experiences through a new statewide survey this February.
Is this the final word on WOTUS, or is the rule just being kicked downstream?
Home / Country Life / Is this the final word on WOTUS, or is the rule just being kicked downstream? January 29, 2020 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University There’s always something going on with the waters of the United States (WOTUS) rule. Last September, we wrote about how the 1986/1988 WOTUS rule would replace the 2015 Obama rule until the Trump administration finalized its new rule.
Tenth Circuit Court strikes down EPA small refinery exemptions
January 28, 2020 Crops, Top Headlines In a decision that is expected to broadly impact the Environmental Protection Agency’s approach to granting small refinery exemptions (SREs) under the Renewable Fuel Standard, the U.S. Court of Appeals for the Tenth Circuit Jan. 24 struck down three exemptions that were improperly issued by EPA.
New coronavirus likely spreading between humans
Scientists with The Ohio State University College of Food, Agricultural, and Environmental Sciences (CFAES) and the College of Veterinary Medicine (CVM) can offer insight into the new coronavirus that is being blamed for at least 26 deaths and more than 830 confirmed illnesses internationally since December 2019, with at least two cases of coronavirus reported this week in the United States—in Washington state and Chicago.
Is the third time the charm for farmer fair practice rules?
Home / Country Life / Is the third time the charm for farmer fair practice rules? January 17, 2020 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University A new rule proposed by the USDA Agricultural Marketing Service (AMS) covers a topic that has been up in the air for more than a decade.
Animal welfare bill becomes federal law
January 3, 2020 Livestock, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University In November, the President signed the “Preventing Animal Cruelty and Torture Act” (PACT), into law. PACT makes it a federal offense to purposely crush, burn, drown, suffocate, impale, or otherwise subject non-human mammals, birds, reptiles, or amphibians to serious bodily injury. PACT also outlaws creating and distributing video of such animal torture.
Humane Society law revisions
December 2, 2019 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University HB 24 passed the House unanimously on October 30, and has since been referred to the Senate Committee on Agriculture & Natural Resources. The bill would revise procedures for humane society operations and require humane society agents to successfully complete training in order to serve.
E. Coli Outbreak in Lettuce
By Jerry Hagstrom DTN Political Correspondent WASHINGTON (DTN) — Be careful about that salad you might eat in the coming days and take some time to know what kind of lettuce is in it and where it was grown. A romaine lettuce outbreak has now spread to 19 states with 67 reported cases and 39 hospitalizations as the Centers for Disease Control continues warning consumers not to eat romaine lettuce from the Salinas Valley in California.
Ohio wind legislation introduced
November 29, 2019 Country Life, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University Senate Bill 234 was just introduced on Nov. 6, 2019. The bill would give voters in the unincorporated areas of townships the power to have a referendum vote on certificates or amendments to economically significant and large wind farms issued by the Ohio Power and Siting Board.
Keeping up with all the recent RFS developments requires some energy
Home / Livestock / Keeping up with all the recent RFS developments requires some energy November 20, 2019 Livestock, Top Headlines By Ellen Essman, Ohio Law Blog, Agricultural & Resource Law Program at The Ohio State University If you’ve been keeping up with the ag news lately, chances are you’ve heard a lot about the Renewable Fuel Standard (RFS).
Hemp bill moves to DeWine’s desk
July 24, 2019 Crops, Top Headlines By Ellen Essman, Senior Research Associate, OSU Extension Agricultural & Resource Law Program It’s been busy in Columbus, with the Ohio General Assembly sending multiple bills to Governor Mike DeWine for his signature. One of the bills is one we have been following very closely — Substitute Senate Bill 57, or the “hemp bill.” Ohio’s hemp bill was originally introduced in the Senate in February.
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