Janzen Agricultural Law LLC

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Latest from Janzen Agricultural Law LLC

The following article is a summary of my presentation to the 32nd Annual No-Till Conference written by Landon Swan, No-Till Farmer Magazine, regarding the ag data issues arising from the USDA’s Partnership for Climate Smart Commodities.

Ag data has become increasingly important to not only farmers, but corporate companies like McDonalds and PepsiCo as well.

On June 28, 2024, the United States Supreme Court overturned a 40-year-old precedent. Since 1984, the Chevron doctrine has required courts to give deference to the way an administrative agency interpreted its own rules when those rules were ambiguous. But in the Loper Bright case, the Supreme Court overturned Chevron and ruled that courts

Playing basketball in my younger days, I remember one thing would happen in practice after any loss—the coach would make you go back to practice basic fundamentals. Dribble. Pass. Shoot. It was a good life lesson. Any time you find yourself facing an overwhelming problem, break the problem down into the basics. With the rise

An Indiana judge has answered the age-old question…is a taco a sandwich? The answer, at least under Indiana zoning law, is YES. A landowner in Fort Wayne, Indiana wanted to develop his property. He sought a rezoning from R1 (single family) to C2 (limited commercial). During the zoning hearings, to address certain remonstrators’ arguments,

In 2014, American Farm Bureau Federation led industry roundtable discussions about collection, use, and sharing of agricultural data from farmers. The result of those discussions was the creation of a document called the Privacy and Security Principles for Farm Data, what later became knowns as the “Core Principles” for ag data. Over 37 companies quickly

Climate change has brought new words into our vocabularies that barely existed a decade ago.  Two words frequently used when discussing reduction of the carbon footprint for agriculture are “insets” and “offsets.”  This post explores these terms as they pertain specifically to agriculture. As a threshold matter, these are not legal terms and are thus

Indiana House Enrolled Act 1003 changes the way we litigate administrative appeals. This will impact confined feeding challenges, permit modification appeals, and other regulatory decisions by our the Indiana Department of Environmental Management (IDEM).

Lady Justice considering an administrative appeal

First, HEA 1003 does away with the Office of Environmental Adjudication (OEA). For years, the