2003 Archived AgLaw

January

  • GENERAL DESCRIPTION OF COLLATERAL ADEQUATE UNDER REVISED ARTICLE 9
  • PACA REPARATION AWARD AFFIRMED
  • EVERYTHING YOU NEED TO KNOW ABOUT THE CONSTITUTION YOU CAN LEARN IN AGRICULTURAL LAW: FEDERALISM AND COMMERCE FROM AMBER WAIVES OF GRAIN TO MIGRATING BALD EAGLES

February

  • CREDITOR MUST PROVE FARM EQUIPMENT DELIVERED TO DEBTOR
  • FARMER HELD NOT LIABLE FOR IRRIGATION RUNOFF
  • DISTRICT COURT RULES IOWA BAN ON PACKER OWNERSHIP OF LIVESTOCK UNCONSTITUTIONAL

March

  • AGRICULTURAL STORM WATER DISCHARGES
  • CROP INSURERS REQUIRED TO EXHAUST ADMINISTRATIVE REMEDIES
  • FRAUD FOUND IN CONNECTION WITH MARKETING OF HEDGE-TO-ARRIVE CONTRACTS IN OHIO
  • NINTH CIRCUIT DECISION POSES NEW HURDLES TO PESTICIDE APPLICATIONS

April

  • STATE LAW CLAIMS NOT COMPLETELY PREEMPTED BY FEDERAL CROP INSURANCE ACT
  • USDA DENIED RIGHT OF SETOFF IN CHAPTER 12 CASE
  • COMMODITY PROMOTION UPDATE: DISTRICT COURTS RESOLVE CHALLENGES TO APPLE, MILK ADVERTISING CHECK-OFF CAMPAIGNS

May

  • DECISION REQUIRING PAYMENTS ON SHARED APPRECIATION AGREEMENTS AFFIRMED
  • PRE-REVISED ARTICLE 9 SECURITY AGREEMENT NOT EFFECTIVE
  • PORK CONTRACTOR’S CONTROL OVER FEEDLOT SUFFICIENT TO DENY MOTION TO DISMISS

June

  • MONTANA COURT HALT TIMBER SALE UNTIL TMDL ESTABLISHED
  • STATE LAW REGULATIONS NOT PREEMPTED BY SWAMPBUSTER
  • OVERVIEW OF MODALITIES TEXT

July

  • PRESENT INTERESTS FOR GIFT TAX PURPOSES
  • RETROACTIVE APPLICATION OF RIGHT TO FARM LAW DENIED
  • ECOLOGICAL ASSETS: COMMODITIES AND PROGRAMS IN THE ENVIRONMENTAL BANK AND TRADE SYSTEM

August

  • COURT OF FEDERAL CLAIMS LACKS JURISDICTION OVER BOLL WEEVIL ERADICATION FOUNDATION
  • DEBTORS NOT ENGAGED IN FARMING OPERATION AT CONFIRMATION ELIGIBLE FOR CHAPTER 12
  • COURT AFFIRMS TOOLS OF TRADE EXEMPTION FOR WIFE

September

  • CALIFORNIA TABLE GRAPE ADVERTISING ASSESSMENT VIOLATES FIRST AMENDMENT
  • CATTLE GRAZING AN INTEGRAL PART OF SWINE PRODUCTION
  • MUSHROOM WASTE RULED POINT SOURCE POLLUTION UNDER CLEAN WATER ACT

October

  • CLASS ACTION FOR ANTI-TRUST AND TORT CLAIMS RELATING TO TRANSGENIC CROPS
  • FARMER BUILDING FARMWORKER HOUSING EXEMPTED FROM COUNTY HOUSING CODE
  • BAP AFFIRMS THAT PARTY WITH RIGHT OF FIRST REFUSAL MUST RECEIVE NOTICE SALE

November

  • APPROPRIATE JURISDICTION FOR WETLANDS LITIGATION
  • PRODUCER FAILED TO PRESERVE TRUST BENEFITS UNDER PACA
  • WIND ENERGY PRODUCTION – LEGAL ISSUES AND RELATED CONCERNS FOR LANDOWNERS

December

  • NOVEL SETTLEMENT: A NEW TREND?
  • INCOME TAX CONSEQUENCES OF LOSS OF PERSONAL PROPERTY TO CREDITORS
  • ARE YOU LIABLE FOR OVERTIME PAY?