Biofuels Law and Regulation Conference at the University of IllinoisBy Christopher J. Miller & Timothy A. SlatingAgricultural Law, October 2009Over 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.
Wind “farming”—An evolving processAgricultural Law, October 2009A summary of an e-mail from one of our Section Council members, Jerry Quick, Illinois Farm Bureau counsel, and the digital conversation it generated.
Court upholds USDA’s denial of private company’s request to purchase BSE test kitBy Raymond WatsonAgricultural Law, September 2009As 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.”
Farm Aid 2009By Jeffrey A. MolletAgricultural Law, August 2009Originated 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.
Illinois Family Farm Law Project available to help lower-income farmersBy Michael FielloAgricultural Law, August 2009The 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.
A new ripple on riparian rightsBy Edward BrandtAgricultural Law, August 2009The 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?
Agriculture Secretary Vilsack urges producers to learn about new ACRE program*Agricultural Law, July 2009For 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
Support the ISBA Resolution for Congressional Amendment to the Natural Gas ActBy Michael A. MattinglyAgricultural Law, July 2009Over 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.
Claims against a decedent’s non-probate property in IllinoisBy Joel A. SchoenmeyerAgricultural Law, June 2009Dealing 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.
Inside the too-speculative continuumBy Alan E. StumpfAgricultural Law, May 2009A 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.
Humane care for animals in IllinoisBy Claire A. Manning & Michael MassieAgricultural Law, April 2009A 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.
Bankruptcy ruling impacts agricultureBy James R. GrebeCommercial Banking, Collections, and Bankruptcy, March 2009On December 2, 2008, the Bankruptcy Court issued an order that provided to the Debtors broad latitude in assuming or rejecting outstanding grain contracts.
The Doctrine of Merger: A vanishing ruleAgricultural Law, March 2009The 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).
7th Circuit joins 8th and 9th Circuits in allowing attorney fees for successful NAD appeals*By Lois WoodAgricultural Law, February 2009The 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.
Bankruptcy ruling impacts agricultureBy James R. GrebeAgricultural Law, February 2009On 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.
Country Roads: Take Me Home?By James R. MyersAgricultural Law, November 2008A look at the origins of country roads and some of the resulting consequences.
Estate and gift tax changes for 2009By Mike DroneAgricultural Law, November 2008Several changes in the estate and gift tax law go into effect in 2009.
Ty/Walk follow-up: Farmer wins elevator caseBy John W. DamischAgricultural Law, October 2008In 2001 Ty/Walk, with grain elevators in Kendall and Will Counties, closed its doors. The Illinois Department of Agriculture took over the elevator operation.
4H and FFA income taxBy Paul A. MeintsAgricultural Law, September 2008Your client’s 16-year-old child is involved with the Future Farmers of America (FFA) program at his high school.
The Farmdoc project extends education to farmers, attorneysBy A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, & Scott H. IrwinAgricultural Law, September 2008The University of Illinois’ Farm Decision Outreach Central, commonly known as the farmdoc project, is an extension program that aims to improve risk-based farm decision-making through education and research.
Rural lender advantageBy Lewis F. MatuszewichAgricultural Law, September 2008The United States Small Business Administration has introduced a modification of one of its loan programs, specifically designed to foster economic development in rural areas.
Vote for humane farming and nobody gets (as) hurtBy Amy A. BreyerAgricultural Law, May 2008no federal law protects animals from cruelty during their lives on the farm, and most state cruelty laws exempt “customary” practices anyway, such as debeaking or use of gestation crates and battery cages, no matter how cruel those practices are from a commonsense standpoint.
Farmland values and credit conditionsBy David B. OppedahlAgricultural Law, April 2008The largest annual increase in farmland values, 16 percent, in almost three decades highlighted an amazing year for agriculture in the Seventh Federal Reserve District.
