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Ag Law in the Field

100 Episodes

43 minutes | Feb 2, 2023
Episode 147: Gerry Beyer - Celebrity Estate Planning
Wills are important no matter who you are. Listen as we discuss celebrities wills and estates.  Contact Info for Gerry Beyer  Texas Tech School of Law  Links to Topics Mentioned on the Show Gerry Beyer Blog  Priscilla Presley  Ivana Trump Kobe Bryant  Chadwick Boseman  Prior podcasts on estate planning: Episode 140  Episode 69 Episode 65 Episode 8  Episode 146 Episode 53 Episode 40 Episode 126 Episode 13 Episode 73  
37 minutes | Jan 19, 2023
Episode #146: Garrett Couts (Ancillary Probate)
The probate process is something that is a bit confusing and even more confusing can be ancillary probate. Garrett Cout is here today to explain what ancillary probate is and help walk us through different siutations when it comes to ancillary probate. Contact Info for Garrett Couts (Website)   Links to Topics Mentioned on the Show Episode #73 - Transfer on Death Deeds V. Lady Bird Deeds Transferring Property Prior to Death Probate Blogs Episode #40 Texas Probate Process  Episode #54 Trusts Episode #8 Settling Estate: Probate & Alternative to Probate                
70 minutes | Jan 5, 2023
Episode #145: Jesse Richardson and Jim Bradbury (Ag Law Lessons from Yellowstone)
Two of our favorites are back and this episode is packing a punch! Jim Bradbury and Jesse Richardson join me to talk about Ag Law Lessons we could all learn from the hit TV Series Yellowstone.    Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind   Contact Info for Jesse Richardson (Email)  jesse.Richardson@mail.wvu.edu (Phone) 304-293-9460 (Twitter)  @jessejames8785   Links to Topics Mentioned on the Show Eminent Domain Conservation Easements Estate Planning Landlocked Property Fence Law Direct Beef Sales Handbooks Owning Your Piece of Texas Handbook  Prior Episodes with Jim Bradbury  Prior Episodes with Jesse Richardson  
43 minutes | Dec 8, 2022
Episode #144 - Paul Goeringer (2022 Ag Law Year in Review)
It's that time again!  My friend Paul Goeringer and I team up every December to record our Ag Law Year in Review that is then released on both my Ag Law in the Field Podcast and Paul's Maryland Risk Management Education Podcast. This year, our list included lots of interesting topics...see if you agree with our top legal issues. Contact Info for Paul Goeringer (Email)  lgoering@umd.edu (Twitter)  @aglawpaul (Blog)  http://agrisk.umd.edu/  (Podcast)  https://marylandagpodcast.org/    Links to Topics Mentioned on the Show Sequestering Carbon: What to Think About With Carbon Contracts  Episode #117 - Anson Howard & Todd Janzen (Carbon Contracts) Should I Sell Carbon Credits? A Decision Guide for Ranchers Episode #137 - Jesse Richardson & Anthony Schutz (SCOTUS Ag Law Preview) Episode #123 - Jim Bradbury (WOTUS Update - Biden Proposed Rule) Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions Episode #118 - Beth Rumley (Animal Confinement Statutes) US Supreme Court will Hear Proposition 12 Challenge  Animal Law Developments End of the Year Update on ESA        
36 minutes | Nov 17, 2022
Episode #143 - Heath Hemphill (When Criminal Law Meets Ag Law)
When I wanted to do a podcast about how criminal law and agricultural law intersect, there was only one person to call.  Heath Hemphill is the current District Attorney in Coleman County, Texas, and he is also a fifth generation rancher.  His experiences both in the courtroom and on the ranch gives him a unique perspective and some great stories to share today about situations where agricutlural law and criminal law meet.   Contact Info for Heath Hemphill Website Phone: 325-625-1316 Links to Topics Mentioned on the Show List of Texas statutes Blog post on criminal trespass Criminal mischief statute involving damage to livestock fence (Texas Penal Code 28.03) Hunting without consent statute Discharge of firearm across property lines Hunting lease licenses  Blog post on shooting drones Texas theft statute (Texas Penal Code Section 31.03) TSCRA Special Rangers Texas law on cruelty to livestock animals Blog post about law for dogs threatening livestock Blog post on lien for damaged fences Fence law handbook with chapter on estray livestock    
47 minutes | Nov 3, 2022
Episode #142 - Michelle Pardo (Animal Law)
Michelle Pardo is a Washington, DC based attorney who specializes in animal law.  From circuses to aquariums, agriculture to zoos, Michelle has represented a number of clients around the country in litigation involving animals.  Today, she gives us the rundown on legislation and litigation she is seeing in the animal industry. Contact Info for Michelle Pardo Website Phone: 202-776-7844 Links to Other Topics on the Show Blog post on Proposition 12 Prior podcast episode discussing Proposition 12 Prior podcast episode on ESG litigation     
39 minutes | Oct 20, 2022
Episode #141 - Helena Bottemiller Evich (White House Conference on Hunger, Nutrition, & Health)
I'm excited to have long-time food and agricultural law reporter, Helena Bottemiller Evich, join me to chat about the recent White House Conference on Hunger, Nutrition and Health.  Helena gives us the rundown on what happened at the conference and highlights some of the key food policy issues to watch in 2023. Contact Info for Helena Email:  info@foodfix.co Food Fix newsletter Links to Topics Mentioned on the Show American Agricultural Law Association Food Fix White House Conference on Hunger, Nutrition, and Health  Biden-Harris Administration National Strategy on Hunger, Nutrition, and Health    
54 minutes | Oct 6, 2022
Episode #140 - Shannon Ferrell (Royal Family Estate & Succession Planning Lessons)
When Shannon Ferrell called to pitch a podcast episode talking about what we can learn from the Royal Family and farm and ranch succession planning, you know I was excited!  We chat about Shannon's family connection to the Queen and what lessons we can learn about farm and ranch succession planning from the recent royal family succession. Shannon's Contact Info Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell Website   Links to Other Topics Episode #13 - Shannon Ferrell (Farm & Ranch Transition Planning) Episode #69 - Shannon Ferrell (Transition Planning and Lessons from the S Lazy H) Episode #78 - Shannon Ferrell (Wind Leases) Episode #130 - Shannon Ferrell (This World Is Better With You in It) Oklahoma State University Farm Transitions resources  Successful Succession Video Series from Texas Corn Producers  Photo of Queen Elizabeth at Prince Phillips' funeral Podcast on end of life documents in Texas Meme about Queen Elizabeth and farm and ranch estate planning      
43 minutes | Sep 22, 2022
Episode #139 - Nate Huff (ESG Litigation & Agriculture)
Have you heard of Environmental, Social, and Governance (ESG") practices?  Did you know these practices are leading to lawsuits filed against agribusinesses and ag producers?  Today, Nate Huff joins us to chat about these "greenwashing lawsuits" and what agribusinesses and producers need to know. Contact Info for Nate Huff Website Email:  Nate.Huff@klgates.com Phone: (919) 314-5636 Links to Topics Mentioned on the Show  Prior podcast episodes with Nate Huff Nate's website  Nate's Greenwashing article FTC Green Guides FTC Settlement Reports/Case List    
60 minutes | Sep 8, 2022
Episode #138 - Maddie Caldwell (Suicide Prevention Awareness Month)
September is Suicide Prevention Awareness Month.  This is a topic that is extremely important to me, and one I feel very strongly about sharing on this podcast.  Today, I am thrilled to be joined by Maddie Caldwell.  Maddie is a farm kid from Illinois who is open with her mental health struggle and suicide attempts in hope that by sharing her story, she will be able to help others who may be struggling in silence.  As Maddie said at the close of the episode, "When we recover loudly, we keep others from dying quietly."   Contact Info for Maddie Caldwell Facebook Profile Instagram:  @madcaldwell   Links to Topics Mentioned on the Show - By Her Own Hand: A Farm Girl's Miraculous Journey from Death to Hope - Breaking Taboo: Parent's Worst Nightmare, Child's Near-Fatal Decision - Prior podcast episodes on mental health  - National Suicide Prevention Hotline:  988 - Farm Stress & Mental Health:  Where Can You Turn from the National Agricultural Law Center   
52 minutes | Aug 25, 2022
Episode #137 - Jesse Richardson & Anthony Schutz (SCOTUS Ag Law Preview)
Two of our favorite law professors are back!  Jesse Richardson and Athony Schutz join me to give us a preview of what is coming in the ag law realm this term from the US Supreme Court. Jesse Contact Info (Email)  jesse.Richardson@mail.wvu.edu (Phone) 304-293-9460 (Twitter)  @jessejames8785   Anthony Contact Info (Website) https://law.unl.edu/anthony-schutz/  (Twitter) https://twitter.com/anthony_schutz    Links to Topics Mentioned on the Show Prior podcast episodes featuring Jesse Richardson Prior podcast episodes featuring Anthony Schutz  West Virgina v. EPA Opinion SCOTUS Blog site for Sackett v. EPA Law review article we wrote on WOTUS SCOTUS Blog site for Proposition 12 Prior blog post on Ninth Circuit Proposition 12 case Prior podcast episode on animal confinement statutes   
56 minutes | Aug 11, 2022
Episode #136 - Luke Ellis (TX Supreme Court Eminent Domain Cases Part 2)
Luke Ellis is back!  In our last episode, we talked through the recent Texas Supreme Court decision in Hlavinka v. HSC Pipeline.  Today, we turn to the Texas Supreme Court decision in Miles v. Texas Central Railroad in a case deciding whether Texas Central has the lawful right to condemn for the proposed high speed rail between Dallas and Houston. Contact info for Luke Ellis (Email)  lellis@mehlaw.com (Website)  https://mehlaw.com/attorneys/luke-ellis/ Links to Other Topics Mentioned on the Show  Prior podcast with Luke Ellis on Texas eminent domain law  Hlavinka v. HSC Pipeline blog post (includes link to opinion)  Miles v. Texas Central Railway blog post (includes links to opinions)   Blog post on access agreements for survey Kelo v. New London  
40 minutes | Jul 28, 2022
Episode #135 - Luke Ellis (TX Supreme Court Eminent Domain Decisions Part 1)
It's been a wild couple of months for eminent domain law here in Texas with two important opinions coming out of the Texas Supreme Court.  Our friend and eminent domain lawyer, Luke Ellis, is here to give us the rundown on both of these cases, Hlavinka v. HSC Pipeline and Miles v. Texas Central Railroad. In Part 1 of our discussion, we'll dive deep into the details and impact of the Court's decision in Hlavinka v. HSC Pipeline.  Contact info for Luke Ellis (Email)  lellis@mehlaw.com (Website)  https://mehlaw.com/attorneys/luke-ellis/ Links to Other Topics Mentioned on the Show  Prior podcast with Luke Ellis on Texas eminent domain law  Hlavinka v. HSC Pipeline blog post (includes link to opinion)  Miles v. Texas Central Railway blog post (includes links to opinions)   Denbury Green Pipeline-Texas v. Texas Rice Land Partners blog post (includes link to opinion)    
43 minutes | Jul 14, 2022
Episode #134 - Eliott Nixon & Amber Miller (Property Damage in Agricultural Law)
What types of situations cause damage to rural land?  What should a landowner do in the event they see damage from spray drift or oil and gas operations?  These are the questions I chatted about with  Lubbock-based attorneys Amber Miller and Eliott Nixon. Contact Info for Eliott Website Email: enixon@cdmlaw.com Contact Info for Amber Website Email: Amiller@cdmlaw.com Twitter: @BradyAmber Links to Topics Mentioned on the Show Crenshaw, Dupree and Milam website Links to Amber's prior podcast appearances Prior blog posts on pesticide drift liability Prior podcast episode on rights of surface owners dealing with oil and gas production  Prior podcast episode on surface use agreements  Fact sheet: Potential Spray Drift Damage: What Steps to Take Blog post on case involving cattle and oil well Prior podcast episode on insurance   
35 minutes | Jun 23, 2022
Episode #133 - David Barron (Employee v. Independent Contractor)
One of the biggest employment law issues that can pop up for ag producers and ag businsses is distinguishing between an employee and an independent contractor.  Today, I'm joined by David Barron to walk us through why this distinction matters and how to correctly categorize workers. Contact Info for David Barron  (Website) https://www.cozen.com/people/bios/barron-david (Phone) 713-750-3132 (Email) dbarron@cozen.com    Other Topics Mentioned on the Show Prior podcast on vaccine mandates Prior podcast on employment law  
49 minutes | Jun 9, 2022
Episode #132 - Tim Milligan (Wildlife Management Property Tax Valuation in TX)
Special use property tax valuation options are an important consideration for all Texas landowners.  Today, Tim Milligan from Plateau Land & Wildlife joins me to chat about wildlife management valuation.  How does it work? What is required?  How does someone get started?  Tim has all the answers! Contact info for Tim Email: tmilligan@plateauwildlife.com Phone: 512-894-3479 Links to topics mentioned on the show - Plateau Land & Wildlife website - Plateau webinars  - Prior property tax episode with Cassie Gresham - Texas Parks and Wildlife website   
40 minutes | May 26, 2022
Episode #131 - Dr. Justin Benavidez (Risk Management Options for Livestock Producers Facing Drought)
Much of the western half of the United States, including Texas, is facing serious drought conditions.  Today, I'm joined by Dr. Justin Benavidez, Texas A&M AgriLife Extension Economist to discuss some of the programs available to help producers manage risk during a drought.  In particular, we're focusing on LFP, PRF, ELAP, NAP, and LIP. Dr. Benavidez' Contact Information Contact info for Dr. Justin Benavidez (Email) justin.benavidez@ag.tamu.edu (Blog) https://agrilife.org/amarilloagecon/  (Twitter) @amarilloagecon Links to Topics Mentioned on the Show Prior podcast with Dr. Benavidez on Beef Industry Hot Topics  Drought Monitor Livestock Forage Protection Program Fact Sheet LFP Program Eligibility Maps Prior podcast on PRF insurance USDA PRF Decision Tool  USDA PRF Frequently Asked Questions ELAP Program Information ELAP Fact Sheet NAP Disaster Program Fact Sheet  LIP Fact Sheet Justin's Blog    
58 minutes | May 12, 2022
Episode #130 - Shannon Ferrell (This World Is Better With You In It)
As has become a tradition, we are recognizing Mental Health Awareness month with an important conversation about mental health and agriculture.  My friend, Shannon Ferrell, joins me to offer some great information, practical tips, and encouragement for anyone struggling. Contact Info for Shannon Ferrell (Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell Website   Links to Topics Mentioned on the Show Prior podcast episodes with Shannon Ferrell Wind Leases Farm & Ranch Transition Planning Transition Planning & Lessons from the S Lazy H  Prior mental health podcast episodes Ted Matthews (Farm & Ranch Families + Mental Health) Adrienne DeSutter (Agriculture + Mental Health Awareness Month) Lesley Kelly (Agriculture & Mental Health)  State Bar of Texas John Huffaker Ag Law Course  Dr. Matt Brosi at Oklahoma State University Mental Health First Aid  QPR Institute  Oklahoma State University Farm Stress Website  National Agricultural Law Center Farm Stress and Mental Health: Where Can You Turn?      
47 minutes | Apr 28, 2022
Episode #129 - Kristi Boswell (Ag Labor & Immigration Legislative & Regulatory Efforts)
If we want someone who knows the in and outs of ag labor and immigration policy, it's Kristi Boswell.  Throughout her career, she has worked on this issue.  She joined us today to chat about the current issues with ag labor and immigration policy and some of the proposed changes that we have seen over the past several years.   Contact Info for Kristi Boswell  Website Phone: 202.239.3236 Email: kristi.boswell@alston.com   Links to Topics Mentioned on the Show - American Agricultural Law Association  -Prior podcast episode on H-2A Visa program -Prior podcast episode on H-2A program in light of the COVID-19 pandemic -2021 Notice of Proposed Rulemaking - Farmers.gov H-2A Educational Checklist - Farm Workforce Modernization Act of 2021
50 minutes | Apr 14, 2022
Episode #128 - Dr. Morgan Treadwell (TX Prescribed Burning Law)
We had a listener request for a podcast episode about prescribed burn laws in Texas, and luckily, I knew just the guest to invite!  Dr. Morgan Treadwell and I walk through the various laws and considerations for prescribed burns in Texas. Contact Info for Dr. Morgan Treadwell Phone: (325)657-7317 E-mail: Morgan.Treadwell@ag.tamu.edu Twitter (@eXMorganRussell) Facebook  West Texas Rangelands blog Links to Topics Mentioned on the Show - Texas Prescribed Burn Handbook - Online Prescribed Burning School - Prescribed Burning: Liability Considerations  - Info on prescribed burn plans - Great Plains Fire Science Exchange - Joint Fire Science Program - Southern Fire Exchange  - Texas Natural Resources Code Chapter 153 - TDA list of Certified and Insured Prescribed Burn Managers  
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