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Agricultural LawThe newsletter of ISBA’s Section on Agricultural Law

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Newsletter articles from 2009

7th Circuit joins 8th and 9th Circuits in allowing attorney fees for successful NAD appeals* By Lois Wood February 2009 The 8th and 9th Circuit Courts of Appeal had previously held that successful National Appeals Division appellants can claim attorney fees. However the USDA had refused to apply those rulings to appellants from outside those two circuits.
Agricultural law Web sites, newsletters and listservs November 2009 A list of a few Internet-based resources that you may want to explore.
Agriculture Secretary Vilsack urges producers to learn about new ACRE program* July 2009 For those of you who are advising clients, you need to be aware of this new offering from the USDA and educate yourself about the Average Crop Revenue Election (ACRE) program before the August sign-up deadline
Bankruptcy ruling impacts agriculture By James R. Grebe February 2009 On October 31, 2008, Verasun Energy Corporation, et al., Debtors, filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code), with the U.S. Bankruptcy Court, Delaware District, as Case No. 088-12606 (BLS). Verasun Energy Corporation and related entities engage in the business of producing ethanol.
Biofuels Law and Regulation Conference at the University of Illinois By Christopher J. Miller and Timothy A. Slating October 2009 Over the weekend of April 24th - 25th 2009, the University of Illinois at Urbana-Champaign hosted the first annual Biofuels Law and Regulation Conference as a forum for discussing legal issues regarding the development of sustainable, second-generation biofuels.
Claims against a decedent’s non-probate property in Illinois By Joel A. Schoenmeyer June 2009 Dealing with claims against an Illinois decedent’s non-probate property is critical in cases where the decedent’s probate estate is insufficient to pay all valid claims, or where no probate estate has been opened for the decedent.
Court upholds USDA’s denial of private company’s request to purchase BSE test kit By Raymond Watson September 2009 As a part of its marketing program, Creekstone Farms sought to voluntarily test each of its 300,000 cattle it slaughters each year for bovine spongiform encephalopathy (BSE), also known as “mad cow disease.”
The Doctrine of Merger: A vanishing rule March 2009 The Merger Doctrine still sees use in the state, although like many common law rules its position has changed over the years. As recently as 2008, the Illinois Supreme Court dealt with a case primarily focused on the doctrine, Czarobski v. Lata, 882 NE2d 536 (Ill 2008).
Farm Aid 2009 By Jeffrey A. Mollet August 2009 Originated in 1985 in response to the farm crisis, Willie Nelson, Neil Young and John Mellencamp have continued to use their fame as a bully pulpit for the agricultural community.
Humane care for animals in Illinois By Claire A. Manning and Michael Massie April 2009 A counter-view to the article, “Vote For Humane Farming and Nobody Gets (as) Hurt,” published in the May 2008 edition of the ISBA’s Ag Law Section newsletter.
Illinois Family Farm Law Project available to help lower-income farmers By Michael Fiello August 2009 The goal of the Illinois Family Farm Law Project is to provide lower-income family farmers with help with their current legal problems and to assist them in avoiding future legal and financial problems.
Inside the too-speculative continuum By Alan E. Stumpf May 2009 A taxpayer advocating valuation of built in capital gains inside of the too-speculative continuum needs to start his advocacy with an understanding of what a willing buyer and a willing seller will take into account.
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.
A new ripple on riparian rights By Edward Brandt August 2009 The recent case of Alderson v. Fatlan dealt with a new twist on riparian rights—what rights are there with respect to a man-made private body of water?
New risk management and disaster guides available from FLAG December 2009 The following is from a recent press release from Farmers’ Legal Action Group, Inc. (FLAG), a nonprofit law center based in St. Paul, MN, dedicated to providing legal services to family farmers and their rural communities in order to help keep family farmers on the land. Certainly some valuable information for lawyers and farmers alike.
Recent case law: Illinois drainage code and the repair and replacement of drain tile By Jeffrey A. Mollet November 2009 The recent case of Halpin v. Schultz is an interesting but not unexpected development for real estate and agricultural lawyers.
Saving Roundup Ready® beans for seed? Trantham, McFarling, and Scruggs say “no” By Donald L. Uchtmann September 2009 Can farmers save Roundup Ready® beans for seed without being liable for patent infringement or breach of contract?
Support the ISBA Resolution for Congressional Amendment to the Natural Gas Act By Michael A. Mattingly July 2009 Over the past several years many property owners throughout the state have faced an issue where energy companies under the Natural Gas Act have received certificates of public convenience issued by the Federal Energy and Regulatory Commission to condemn property.
The University of Illinois Energy Biosciences Institute Announces first annual Biofuels Law and Regulation Conference April 2009 The First Annual Biofuels Law and Regulation Conference: Incentivizing Second-Generation Biofuels, sponsored by the University of Illinois Energy Biosciences Institute’s (EBI) Biofuels Law and Regulation Program, will be held at the new University of Illinois I-Hotel in Champaign, Illinois on April 24-25, 2009.
Wind “farming”—An evolving process October 2009 A summary of an e-mail from one of our Section Council members, Jerry Quick, Illinois Farm Bureau counsel, and the digital conversation it generated.