Overview For many agricultural businesses, the “USDA Organic” seal is far more than a label; it is a vital market differentiator that signals quality, integrity, and consumer trust. However, entering the organic marketplace requires navigating a rigorous federal regulatory framework overseen by the USDA’s National Organic Program (NOP).[1] In recent […]Read more »
Regulatory Law
234 posts
Overview Is it really necessary to have a Farm Bill rather than the way it was done via reconciliation under the OBBBA and with ad hoc disaster payments added after-the-fact when deemed necessary? What are the pros and cons? The question of whether a traditional, multi-year Farm Bill is a […]Read more »
Overview My colleague, Paul Neiffer, and I are seeing letters from local FSA offices for the 2026 crop year indicating that an LLC or an S corporation is limited to a single payment limit. This is contrary to the One Big Beautiful Bill Act (OBBBA) provision that fundamentally changed the […]Read more »
A Guide to the National Appeals Division Overview Receiving an “adverse decision” from a USDA agency (such as a loan denial, payment rejection, or unfavorable wetland determination) can feel overwhelming. For a farmer, these decisions represent more than just bureaucratic paperwork; they impact the financial viability of the operation and […]Read more »
What Farmers and Ranchers Need to Know Overview For many farmers and ranchers in the Midwest and West, the “fence line” isn’t just a physical boundary between pastures; it can also be a jurisdictional boundary between state and federal or tribal law. Navigating the complexities of Federal Indian Law is […]Read more »
Cracking the Black Box: Farmers Secure Historic Victory in Years-Long Repair Monopoly Suit Overview For decades, farmers have operated under a fundamental understanding of property – if you buy it, you own it, and if it breaks, you fix it. However, the rapid digitization of agricultural machinery transformed tractors and […]Read more »
“Beyond the Seed: Protecting Your Innovations and Bottom Line in the Era of High-Tech Farming.” Overview The agricultural landscape is undergoing a digital and biological revolution. Whether it’s a new drought-resistant hybrid, a proprietary algorithm for precision planting, or the “Big Data” harvested by a fleet of autonomous combines, Intellectual […]Read more »
Why “Social Justice” Theories are the Newest Threat to Your Property Rights Overview The Founders understood that the primary function of property law is to provide certainty and stability. Property rights were so important that they are enshrined in the Bill of Rights. The Fifth Amendment to the Constitution requires […]Read more »
How EID Mandates and “Moral” State Laws Are Redefining the Business of Agriculture Overview The first quarter of 2026 has been a watershed moment for agricultural and food law, signaling a shift in the tectonic plates of our constitutional order. From the mandatory digital tracking of individual livestock to the […]Read more »
Navigating the Strongest Safeguards Ever Overview As of March 2026, the landscape for over-the-top (OTT) dicamba use has shifted once again. Following the 2024 court-ordered vacancy of previous registrations, the EPA issued a new, time-limited federal registration on February 6, 2026.[1] If you are a grower or applicator planning to […]Read more »