Like many states, Indiana’s General Assembly is currently in session. There are a number of agricultural bills on deck this year, including one which would impact livestock and poultry farmers across the state. On February 3rd, the Indiana Senate Environmental Affairs Committee amended and passed a confined feeding operation (CFO) inspection bill out of committee
Janzen Agricultural Law LLC Blogs
Latest from Janzen Agricultural Law LLC
Revenue Management Software, AI, and Price Fixing Implications for Agriculture
One of the ways that artificial intelligence (AI) has been marketed to agricultural business owners is as a tool to improve market competitiveness. AI platforms promise to deliver real time market insights in a way that humans never could, since AI has the ability to analyze much larger datasets than any single person. This post
Re-Examining Indiana Water Law in Light of Today's Competing Demands
In some ways, Indiana is completely unlike Arizona or California when it comes to water. For most of the past 50 years, our focus has been water quality, not quantity. Even now, when it comes to the water question in Indiana (and much of the midwest), the issue is not one of insufficient total water
45Z Brings Ag Data Questions
The Inflation Reduction Act (“IRA”) created many market incentives to combat climate change. One of these incentives is the issuance of tax credits to renewable fuel producers, called “45Z credits” due to their location in Section 45 of the Internal Revenue Code. In theory, these 45Z credits should increase the price paid to farmers who
Mounting Litigation Over PFAS in Biosolids
A series of recent New York Times pieces have sounded the alarm about PFAS chemicals in biosolids on agricultural ground. First, there was the article on August 31, 2024 entitled “Something’s Poisoning America’s Land. Farmers Fear ‘Forever’ Chemicals.” Two articles on September 21, 2024 later heightened the level of concern: “Her Children
Who Decides if a County Solar or Wind Ordinance is Valid?
There is a lot of change these days in the local wind and solar zoning world. It seems that every week, a new county changes its setbacks, imposes a moratorium to stop a wind or solar project, or clarifies its requirements to entice new solar investment. But it may be time to think about whether
Using Agricultural Data to Address Sustainability Challenges
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.
What does the Supreme Court's Decision Overturning Chevron Have to do with Agriculture? (Hint: Everything!)
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
In a Digital World, Don't Lose Sight of Contract Basics
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
Tacos are Sandwiches under Indiana Zoning Law
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,