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
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
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
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,
On April 16, 2024, the U.S. Supreme Court ruled that property owners could pursue their inverse condemnation claims against the State of Texas under the federal Takings Clause through the existing Texas state law. Many people understand the government has the power to take our land for public good as long as it pays just
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
In the Midwest, we’ve historically had more than enough water for everyone. Agricultural, industrial, and residential uses have all developed more or less peacefully (at least in terms of access to water). This usually meant a laissez-faire approach to state and local water regulation. But 2024 may be the year that challenges the status quo.
The headlines about PFAS are everywhere from agricultural news websites to Good Morning America. But what should farmers and rural landowners be worried about when it comes to PFAS? From a real property standpoint, the biggest potential PFAS problem facing agriculture will likely be biosolids (assuming your farm is not impacted by a military base).
Before this spring, I had never been to Asia. In April, my Agricultural Leadership Program (ALP) Class 18 traveled to South Korea and Laos. The two countries cannot be more different. Laos is very much still developing, suffers even today from historic bombing campaigns, labors under a strict communist government, and is hot hot hot.
One area of law refuses to stay consistent from year to year—Waters of the United States, or WOTUS, for frequent fliers. The Supreme Court decided the Sackett case for a second time this past summer, limiting federal jurisdiction over wetlands. After the decision, the relevant federal agencies (Environmental Protection Agency and Army Corps of Engineers)
