Regulatory Law

205 posts

Ag Law and Tax Developments

Overview It’s been a while since I last did an case and ruling update. So, today’s post is one of several that I will post in the coming weeks.  Some recent developments in the courts and IRS – it’s the topic of today’s post. Retained Ownership of Minable Surface Negates […]Read more »

OBBBA and SNAP Benefits

Overview The One Big Beautiful Bill Act (OBBBA) (Pub. L. 119-21) has ignited a debate about its effect on the Supplemental Nutrition Assistance Program (SNAP). While some have characterized OBBA as making "cuts" to SNAP, a more detailed analysis of the legislation reveals that it does not reduce the SNAP […]Read more »

A Shift in Administrative Enforcement for Agriculture

Overview In a significant ruling involving how federal administrative agencies adjudicate disputes with farmers, the Third Circuit Court of Appeals recently decided a case involving a New Jersey farming operation where the court held that the Department of Labor (DOL) unconstitutionally used its internal administrative process to assess over $500,000 […]Read more »

AGI Issues with SDRP

Overview The USDA's Supplemental Disaster Relief Program (SDRP) aims to provide a vital safety net for agricultural producers affected by natural disasters. However, its reliance on IRS AGI has created significant inequities and undermines the program's purpose in many instances.  AGI, a general measure of a taxpayer's income, fails to […]Read more »

Reselling Off-Patent Seeds

Overview In recent years, the original Roundup Ready soybean seeds developed by Monsanto (now part of Bayer) have come off patent, marking a significant shift in the agricultural landscape. The patent for the first-generation Roundup Ready trait (known as RR1), which provides resistance to glyphosate herbicide (commonly sold as Roundup), […]Read more »

One Big Beautiful Bill Act – Commodities Subtitle

Overview Title I, Subtitle C, §§10301-10314 of the One Big Beautiful Bill Act) (OBBBA) signed into law on July 4, 2025, primarily focuses on agricultural commodities and aims to strengthen the farm safety net and provide stability for farmers and ranchers. These sections cover critical aspects such as effective prices, […]Read more »

Tariffs and Swampbuster – Constitutional Questions Galore

Overview Last week there was court action involving constitutional issues that are of importance to agriculture producer and the ag economy.  On May 28, the Court of international Trade, a federal trial court, blocked enforcement of Executive Branch tariffs. V.O.S. Selections, Inc, et al. v. United States, No. 25-00066, 2025 […]Read more »

House Passes Budget Reconciliation Bill; MAHA Report Released

Overview The U.S. House passed its version of the budget reconciliation bill last week. After getting through the Rules Committee, the bill made its way to the U.S. Senate for its consideration.  The Senate is likely to make changes to the bill.  Indeed, the bill is not likely to pass […]Read more »

The “Plain View” Doctrine and Drones

Overview The advent of drone technology has ushered in a new era for various government inspection processes, offering unparalleled aerial perspectives and efficiencies. However, this technological leap intersects with established legal principles, most notably the "plain view" doctrine. Understanding this intersection is crucial as drones become increasingly integrated into routine […]Read more »