Category: Agricultural Law
Uncommon Prosperity
Dr. Michael Duffy began a presentation at the American Agricultural Law Association annual conference with a quote from Neil Harl, who said, “farmers are the world’s best economic citizens; in the face of higher commodity prices, they increase production every time and drive down prices which destroys their own prosperity.” This quote may not … Read More
The Land of 10,000 Potholes, Part II
I advised in another post that if a farmer is unsure of whether standing water in a field is a “wetland”, then he or she should call NRCS and ask them to conduct a certified wetland designation. As one gentlemen pointed out (and with whom I agree), NRCS often errs on the side of caution … Read More
The Land of 10,000 Potholes
It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year there is nothing little about the moisture in North Dakota’s fields. Along with this rain that just won’t quit, farmers are seeing a lot of new standing water on their fields. What may come as a surprise … Read More
Fighting the Man: The Processes for Challenging Government Agency Determinations
Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and Risk Management Agency (RMA) are all federal government agencies with which farmers and ranchers are very familiar. My guess is that many of you have received, or will receive, letters from some of these agencies that you disagree with. For example, a letter telling you … Read More
Financial Eligibility Requirements and Attorneys’ Fees Awards
Most farmers have probably received federal farm program payments, and possibly, program payment denials over the years. I wrote a different blog post titled “Fighting the Man” in which I outlined the process for challenging such denials through the USDA’s National Appeals Division, and eventually up to the federal district courts. This process applies … Read More
Seven long years: ND organic farmer wins USDA appeal
But Braaten says lawyers experienced with NRCS jargon and procedures can help. Sometimes farmers can get their lawyer fees paid through the Equal Access to Judgment Act. “Sometimes there isn’t a lot of money at stake and we can go through the file with the farmer and explain how we’d present the case,” he says. … Read More