Friday, January 13, 2023
HomeFood LawThe Huge Tales from 2022 — Janzen Schroeder Ag Legislation

The Huge Tales from 2022 — Janzen Schroeder Ag Legislation



As we shut in on the top of 2022, it’s value wanting again to see what occurred this 12 months. I don’t simply imply your Spotify Wrapped playlist, though that’s enjoyable (Billy Strings, Tyler Childers, Taylor Swift, and the Avett Brothers topped my private listing). I’m as a substitute speaking concerning the massive tales within the agricultural world.

  1. This 12 months, Prop 12 dominated nationwide headlines and made us take into consideration whether or not California can attain over its strains and regulate farming practices in different states. The oral argument on the Supreme Courtroom led many to surprise whether or not the justices had been pondering past Prop 12 and agriculture to different areas of our lives. Another states have thought of or already handed comparable restrictive livestock legal guidelines.

  2. Wetlands and waters of the US (WOTUS) had been within the information once more, because the Supreme Courtroom heard the Sackett case for the second time. At stake is the way to decide when “wetlands” represent a jurisdictional water and due to this fact require a allow earlier than any development actions can start. Will the Supreme Courtroom or the White Home resolve this concern?

  3. On a extra native degree, photo voltaic developments are all the fashion. Typically they even trigger rage. Ought to agricultural land be used for industrial scale photo voltaic? This battle is primarily taking part in out in planning and zoning conferences throughout the Midwest. Some counties encourage this growth, seeing the financial and local weather advantages it brings, whereas relying on farming practices being allowed in and across the panels as agrivoltaics turned considered one of my phrases of the 12 months. Different counties aren’t so positive, and have restricted or banned photo voltaic on farmland. Anticipate this dialog to proceed into 2023.

  4. Carbon seize and storage (CCS) is likely one of the key environmental practices that has and can proceed to influence agricultural land makes use of. We take into consideration carbon sequestration through the use of no-till, cowl crops, and different regenerative farming strategies. CCS takes one other step by capturing carbon emissions at their supply after which injecting the carbon 1000’s of ft beneath floor into the pore house, the place it may be safely saved and saved out of the environment. This concern pops up in numerous areas: land use, personal property rights, ESG reporting, and financial growth. Extra to come back in 2023.

  5. Per- and polyfluoroalkyl substances (higher is aware of as PFAS) brought about consternation this 12 months as research confirmed how widespread these “eternally chemical substances” are and the EPA proposed to control them as a hazardous substance beneath CERCLA. This might require intensive investigation and remediation at factories, dairies, crop land, Air Pressure bases, and different places. It might additionally put into place new reporting necessities which have the potential to blow the door open to litigation.

This listing isn’t exhaustive or unique. Like my Spotify year-end playlist, some deserving and extremely popular matters had been absolutely missed. There’s at all times subsequent 12 months.

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