1992 Archived AgLaw

JANUARY

  • SUPREME COURT RULES ON BANKRUPTCY CODE “LIEN-STRIPPING”
  • EIGHT CIRCUIT UPHOLDS GRANTING OF SWAMPBUSTER “ECONOMIC HARDSHIP” EXEMPTION
  • KENTUCKY COURT OF APPEALS ADOPTS OVERBOE FORECLOSURE DEFENSE
  • IN-DEPTH: VERTICAL INTEGRATION IN THE POULTRY INDUSTRY: THE CONTRACTUAL RELATIONSHIP

 

FEBRUARY

  • SCOPE OF “SAVED SEED” FARM SALE PROVISION
  • ESCH V. LYNG EXTENDED
  • IMPACT OF THE AGRICULTURAL CREDIT ACT OF 1987 ON REAL ESTATE TITLES
  • GEORGIA TRACTOR LEMON LAW
  • FORM 1099B REQUIREMENTS FOR 1991
  • LENDER LIABILITY CLAIMS AGAINST FCS
  • DAMAGES AWARD FOR FMHA’S VIOLATION OF COLEMAN ORDER REJECTED

 

MARCH

  • GAO QUESTIONS EFFECTIVENESS OF PAYMENT LIMITATION RULES
  • EIGHT CIRCUIT RULES ON MILK PRODUCERS’ CHALLENGE TO MARKETING ORDERS
  • IRS ISSUES PROPOSED FORM 1099 B REGULATIONS
  • FARM PROGRAM CONTRACTS AS EXECUTORY CONTRACTS
  • ICC PROPOSES ELIMINATION OF BILLS OF LADING REGULATIONS
  • SEVENTH CIRCUIT REINSTATES SALMONELLA REGULATIONS

 

APRIL

  • 7TH CIRCUIT DENIES CLEAN WATER ACT PROTECTION TO INTRASTATE, ISOLATED WETLANDS
  • 9TH CIRCUIT LIMITS PACA TRUST PROTECTION
  • INVITATION TO JOIN ARTICLE 7 TASK FORCE
  • THE PLANT VARIETY PROTECTION ACT: HAS THE FARMER EXEMPTION SWALLOWED THE ACT?
  • FOREIGN OWNERSHIP IS U.S. AG LAND IN 1991
  • FIFTH CIRCUIT REVERSES DCP FARMS

 

MAY

  • U.S. SUPREME COURT RULES ON UNTIMELY OBJECTION TO BANKRUPTCY EXEMPTIONS
  • ASCS FAILURE TO CALL WITNESS AT APPEAL HEARING HELD ABUSE OF DISCRETION
  • CLAIMS COURT ADDRESSES SCOPE OF REVIEW OF ASCS DECISIONS
  • LOUISIANA’S IMPLEMENTATION OF UCC ARTICLE 9
  • SACRED COWS AND HOT POTATOES: AGRARIAN MYTHS IN AGRICULTURAL POLICY- A REVIEW

 

JUNE

  • PILOT WETLANDS RESERVE PROGRAM
  • U.S. DISTRICT COURT VACATES $1,700,00 PENALTY AGAINST FARM FAMILY
  • QUALIFYING GROSS INCOME REQUIREMENT IN ’88 DISASTER ASSISTANCE ACT
  • FARM STORED GRAIN QUALITY DISPUTE
  • PRIVATE TIMBER MANAGEMENT: FEDERAL INCOME TAXES, CAPITAL EXPENDITURES AND MANAGEMENT EXPENSES
  • CERCLA LIABILITY OF PRIOR OWNERS
  • FORECLOSED FMHA BORROWER FARMING INVENTORY LAND WITHOUT LEASE, ASCS PAYMENTS ELIGIBILITY

 

JULY

  • NINTH CIRCUIT FINDS NO “DE MINIMIS” EXCEPTION TO THE DELANEY CLAUSE
  • CLAIMS COURT REJECTS CHALLENGES TO PAYMENT LIMITATION DETERMINATIONS
  • ARE PACKING SHED WORKERS AGRICULTURAL EMPLOYEES UNDER THE FLSA AND THE MSPA?
  • FMHA POLICY FOUND NOT TO DISCRIMINATE AGAINST BANKRUPTCY DEBTORS
  • JUSTICE DEPARTMENT SAYS CBOT DIRECTORS SUBJECT TO ANTITRUST SCRUTINY
  • SUBSCRIPTIONS AVAILABLE
  • LAW AS A RESOURCE IN AGRARIAN STRUGGLES- A BOOK REVIEW

 

AUGUST

  • EPA ISSUES NEW WORKER PROTECTION REGULATIONS
  • USDA NATIONAL APPEALS DIVISION ACT OF 1992 INTRODUCTION
  • MONTANA BANKRUPTCY COURT ACKNOWLEDGES BUT DEFERS SETOFF OF CRP PAYMENTS
  • LEGAL ISSUES IN PRIVATE TIMBER MANAGEMENT: FEDERAL INCOME TAXES AND THE PROCEEDS OF TIMBER SALES
  • NINTH CIRCUIT FINDS NO FTCA ACTION FOR BREACH OF COVENANT OF GOOD FAITH UNDER MONTANA LAW
  • VIRGINIA PROPOSES UNIQUE SOLUTION TO ENVIRONMENTAL LIABILITY

 

SEPTEMBER

  • FMHA BORROWERS SCORE LITIGATION VICTORIES
  • NEW GOVERNMENT ACCOUNTING OFFICE REPORT ON DEFICIENCY PAYMENT PAYEES
  • IN DEPTH: TREATMENT OF AGRICULTURAL IN THE NORTH AMERICAN FREE TRADE AGREEMENT
  • A TALE OF TWO MANGOES
  • NINTH CIRCUIT AFFIRMS INVALIDATION OF MARKETING ORDER AMENDMENTS

 

OCTOBER

  • FORMER DAIRYMAN WINS ASCS/DTP CHALLENGE
  • DECISION ISSUED IN MIGRANT AGRICULTURAL LABOR CASE
  • DEBT RESTRUCTURING: FMHA PROCEDURES IN BANKRUPTCY
  • IN DEPTH: AGRICULTURAL AND THE COMMON MARKER: THE DIFFERENT COMMODITY MARKETS

 

NOVEMBER

  • BEGINNING FARMERS AND RANCHERS BILL
  • 7TH CIRCUIT RULES IN SOYBEAN TRADER CASE
  • WHO GAINED AND WHO LOST FROM THE ’87 FARM CREDIT SYSTEM BAILOUT
  • D.C. CIRCUIT RESOLVES CONTROVERSY OVER H-2 PROGRAM WAGE RATE

 

DECEMBER

  • FIFRA PREEMPTION OF COMMON LAW TORT CLAIMS
  • EIGHT CIRCUIT REJECTS CHALLENGE TO FARM PROGRAM YIELD DETERMINATIONS
  • CASH LEASE TO FAMILY MEMBER NOT A QUALIFIED USE UNDER SECTION 2032A
  • FEEDING OUR FUTURE: PHILOSOPHICAL ISSUES SHAPING AGRICULTURAL LAW
  • ASCS LIMITED PARTNERSHIP DETERMINATION UPHELD
  • ENTANGLEMENT INJURIES CAUSED BY FARM EQUIPMENT