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Articles by Leisa Boley-Hellwarth
New Jersey farm beats eminent domain
By Leisa Boley-Hellwarth What do New Jersey Gov. Phil Murphy, a Democrat, and U.S. Agriculture Secretary Brooke Rollins, a Republican, have in common? Both supported the Henry family farm as it fought eminent domain proceedings. For 175 years, the Henry family has owned and farmed 21 acres in Cranbury Township in Middlesex County, New Jersey. Northeast of Trenton, the township is home to about 3,800 residents.
A costly lesson in honesty
By Leisa R. Boley-Hellwarth The trouble started when James Garrett (68) and Levi Garrett (44), father and son, made false statements in connection with federal crop insurance. The Garretts farmed in Sully County, South Dakota. In 2018, they claimed losses for 2,200 acres of sunflowers. James also claimed losses from 47.5 acres of corn in 2019. Total indemnity amounted to $1.3 million.
Waters uncertainty remains
By Leisa Boley-Hellwarth Remember just months ago in May of 2023 when the U.S. Supreme Court unanimously decided Sackett II? It was a landmark decision that seriously restricted the power of the EPA and the Army Corp of Engineers. The Court narrowed the criteria by which certain wetlands and waterways may qualify as “Waters of the US” which the Clean Water Act protects.
A look at the Fair Labor Standards Act
By Leisa Boley-Hellwarth Agriculture enjoys special treatment in some federal and state laws. One specific perk is the exemption from paying overtime to agricultural workers according to the Fair Labor Standards Act. Agriculture is exempt from being required to pay overtime. Some employers, however, may opt to pay overtime in order to stay competitive and keep employees, but that is optional. Let’s look at a recent case that discusses this exemption.
CAUV battle in Tuscarawas County
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Country Life, Top Headlines By Leisa Boley-Hellwarth In Tuscarawas County, Ohio, the Dalton G. Bixler 2016 Trust owns nearly 68 acres that is leased to Brettenbach Wine Cellars that operates vineyards. All of the Bixler acreage was enrolled in the CAUV (Current Agricultural Use Value) program that Ohio provides for property tax purposes that farmland devoted exclusively to commercial agriculture may be valued according to its current use rather than at its “highest and best” use.
By Leisa Boley-Hellwarth, Dusty Sonnenberg Verified
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Ohio's Country Journal and Ohio Ag Net
Verified
Are dangers to liberty on display in unusual landowner case?
By Leisa Boley-Hellwarth There is a case pending in Virginia that is worth watching. Josh Highlander, age 37, lives in a nice house on 30 acres of old-growth hardwood in eastern Virginia’s New Kent County. He has never had a hunting or fishing violation. The opening day of Virginia’s 2023 spring turkey season was April 8. That was the day his wife noticed unknown men camouflaged as trees walking through the property.
Remarkable decision in Sackett v. Environmental Protection Agency Case was released by the United States Supreme Court
By Leisa Boley-Hellwarth On May 25, 2023 a remarkable decision, in Sackett v. Environmental Protection Agency, was released by the United States Supreme Court. The Court unanimously held that wetlands that do not have a continuous surface connection with a navigable water are not federally jurisdictional. This decision provides a very clear standard that substantially restricts the agencies’ (EPA and Army Corp of Engineers) ability to regulate certain types of wetlands and streams.
Foreign-owned food price fixing
By Leisa Boley-Hellwarth Congress is preoccupied with perceived safety concerns regarding a Chinese-owned ap, TikTok. The general public was transfixed with the alleged Chinese spy balloons that floated across the country. On the other hand, I think we should spend more time considering what is happening in Minneapolis at the U.S. District Court in the District of Minnesota. In re Pork Antitrust Litigation, No. 18-01776, is the case to review. The class action complaint was filed on Jan.
With commerce comes fraud
By Leisa Boley-Hellwarth Just weeks ago, on Feb. 14, 2023, in federal court in the Northern District of Iowa, a livestock dealer and four of his managers were sentenced in a widespread pig fraud scheme that had spanned nearly two decades and caused over $3 million in loss.
The value of remaining silent….
By Leisa Boley-Hellwarth How did the fish get caught? He opened his mouth. That riddle is the essence of what I wish clients, both civil and criminal, understood about our country’s legal branch of government. The Fifth Amendment to the U.S. Constitution allows Americans to refuse to answer questions from law enforcement. The presumption of innocence and the burden prosecutors bear to prove guilt, even when the accused remains silent, are the bedrock of America criminal law.
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.
A look at “greenwashing”
By Leisa Boley-Hellwarth Greenwashing occurs when a company misrepresents its sustainability or eco-friendly policies. Consumer activists are filing legal actions, greenwashing litigation, against the company. These lawsuits often involve allegations based on state and federal claims of unfair and deceptive trade practices, fraud and false advertising. There is a federal case pending in Texas, Usler v. Vital Farms, Inc., that illustrates greenwashing litigation in agriculture. Nicholas A.
Trade Commission lawsuit fighting for farmers
By Leisa Boley-Hellwarth We live in a fractured society these days. Republicans hate Democrats. Democrats hate Republicans. The rancor of discussion is worse than the interaction between my Border Collies and the barn cats. There seems to be little common ground, which is why a lawsuit filed by the Federal Trade Commission and 10 state Attorneys General caught my attention. It is a true bi-partisan effort.
Depp v. Heard offers some unsettling legal insights
By Leisa Boley-Hellwarth As I write this column, the jury is deliberating in John C. Depp, II v. Amber Laura Heard, a defamation action in Fairfax County, Virginia. I have no interest in this litigation, but my Google news feed insists on keeping me updated. A quick look at this case, however, can offer some important insights into our legal system. Defamation is the action of damaging the good reputation of someone through slander (oral) or libel (written).
Right to repair?
By Leisa Boley-Hellwarth Does a farmer have a right to repair his or her own tractor? This is actually not a simple question. And I’m not sure I know the answer. Last July, President Biden issued an executive order promoting competition in the economy. An executive order is a directive by the President that manages operations of the federal government. This order called on the Federal Trade Commission (FTC) to limit anti-competitive practices as a way to promote economic growth in the United States.
Good (legal) judgment comes from experience, and a lot of that comes from bad judgment
By Leisa Boley-Hellwarth, a dairy farmer and an attorney from Celina Texans love to proclaim that everything is bigger in Texas. And some things truly are —their hair and their pickup trucks, the Texas Capitol (which is several inches taller than our nation’s), the bluebonnets and Indian paintbrush that bloom in the spring, their farms and ranches that are often measured in sections not acres, and the post office LBJ had built in his hometown, Johnson City.
Farmland preservation efforts in Ohio get a legal victory
It was 98 cents for a gallon of milk at our local Walmart Superstore. When I was paying for my groceries, the clerk kindly inquired if I wanted to donate a dollar to feed the hungry? My reply, “I already gave at the office.” She may have been confused, but those of you farming are not. These are challenging times to be producing food and fiber in this country. I am not a social media creature, which is a good thing.
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