Insights

The United States Supreme Court Addresses Laws Impacting Farmers
The United States Supreme Court is generally asked to hear approximately 7,000 to 8,000 cases each year but only grants review and hears approximately 80 of these cases. And many of the cases the Court reviews involve appeals in criminal cases and other high ...Read More

Federal Regulatory Update
During the first two years of the Biden administration, when Democrats held majorities in both houses of Congresses, much of the activity in Washington focused on traditional lawmaking. But with the new Republican majority in the House of Representatives in January 2023, a flurry ...Read More

Carbon Contract Basics
Carbon markets (either voluntary or mandatory through government regulation) have emerged in recent years as a practical means to use free-market economic principles to reduce greenhouse gas emissions and mitigate global climate change. In carbon markets, businesses or individuals who reduce greenhouse gas emissions ...Read More

California’s Proposition 12: What Does It Mean and What Comes Next?
In November 2018, California voters passed Proposition 12. This ballot initiative was pushed by animal rights extremists and seeks to regulate the production of pork, eggs, and veal throughout the United States (and beyond). This law has been subject to multiple court challenges over ...Read More

Environmental Update: Overview of the Environmental Review Process for New and Expanded Feedlots
Constructing a new hog barn (or expanding an existing barn) in Minnesota requires pork producers to navigate a maze of requirements across several layers of government. The facility may require a feedlot permit from the Minnesota Pollution Control Agency or the county where the ...Read More

Litigation Update: Recent Smithfield Jury Verdicts Provide an Important Reminder for Minnesota Pork Producers
On April 26, 2018, a jury in North Carolina awarded a judgment against Murphy-Brown LLC (an affiliate of Smithfield Foods) for more than $50 million in a nuisance lawsuit arising from the operation of a hog confinement facility. This judgment was later reduced by ...Read More

Disaster Planning
Co-authored by Dean Zimmerli
Benjamin Franklin once stated that “if you fail to plan, you are planning to fail.” Planning is an integral part of every farming operation. Farmers must regularly engage in advance planning to determine the crops they will plant or livestock they ...Read More

I Was Served with a Garnishment Summons. Now What?
Thomas Jefferson famously advised, “[n]ever spend your money before you have it.” But as Mr. Jefferson (who was substantially indebted throughout much of his life) himself discovered, this advice is far easier for most people to give than to heed. Recent studies indicate that ...Read More

Update Regarding Air Emission Reporting Requirements
The last issue of Pork Bits described air emission reporting requirements that were scheduled to become effective against farmers for the first time (as a result of a court ruling) and would have required many livestock farmers to report emissions of ammonia and hydrogen ...Read More

Establishing A Strong “Corporate Veil” To Shield Business Owners And Assets
Many businesses, including many farm businesses, organize and operate their businesses through separate business entities (e.g., corporations or limited liability companies). When properly structured, these entities can provide numerous management, succession, and liability protection benefits for farmers and other business owners.
But merely creating a ...Read More