Environment

Carbon and other Ecosystems Markets

Helpful publications on Carbon and other Ecosystems Markets

A buyer’s guide to soil carbon offsets , by J. Zelikova, F. Chay, J. Freeman, D. Cullenward with CarbonPlan (2021).
Carbon Contracts: Common and Uncommon Provisions(pdf), by Rusty Rumley for The National Agricultural Law Center. (Note: A slide with outdated information about the Corporate Transparency Act has been removed. Current information about the Corporate Transparency Act can be found on the FinCen website here.)
Carbon Markets (pdf), by Wendee D. Grady, Director of The Kansas Farm Bureau Legal Foundation (Dec 2021).
Considering Carbon: Understanding the Legalities of Soil Carbon Sequestration Contracts, a webinar by Todd Janzen for the National Agricultural Law Center (Mar 2022).
How Some Leading Carbon Markets Compare , America’s Conservation Ag Movement, Farm Journal 2020 Report.
How to Grow and Sell Carbon Credits in US Agriculture (PDF) , in the Ag Decision Maker, File A1-76, by Alejandro Plastina, Oranuch Wongpiyabovorn, with Iowa State University Extension and Outreach (updated May 2024).
Opportunities And Challenges Associated With “Carbon Farming” For U.S. Row-Crop Producers , by Nathanael M. Thompson, Megan N. Hughes, Eugene K.M. Nuworsu, Carson J. Reeling, Shalamar D. Armstrong, James R. Mintert, Michael R. Langemeier, Nathan D. DeLay, and Kenneth. A. Foster, with Purdue University Center for Commercial Agriculture (Jun 2021).
Reviewing U.S. Carbon Sequestration, Land Use Data Underscores the Importance of Agricultural Research in Reducing Emissions , AFBF Market Intel, by John Newton, Ph.D. (Feb 2021).
Sustainability Markets, Part 5: Good Business Practices for Farmers Participating in Agriculture Ecosystem Credit Markets, AFBF Market Intel by Shelby Myers (Apr 2021).
Understanding and Evaluating Carbon Contracts(pdf), by Tiffany Dowell Lashmet and Karli Kaase, for Texas A&M AgriLife Extension (Jul 2023).

Other helpful websites on Carbon and other Ecosystems Markets

Ecosystem Services Market Consortium
Farmers for a Sustainable Future, of which AFBF is a member.
Food and Agriculture Climate Alliance, of which AFBF is a member.
Soil Health Nexus, Carbon Credits and Carbon Agreements
Soil Health Partnership (Kansas Corn)

Livestock Operations

Click here to learn more about environmental issues associated with livestock production, under the Livestock and Other Animals section.

Pesticides

Helpful publications and other resources on pesticides

The Deal With Dicamba: An Overview of Dicamba-Related Litigation (recorded webinar), by Brigit Rollins with the National Agricultural Law Center (Apr 2020).
Dicamba Spray-Drift Issues, by Roger A. McEowen, on the Agricultural Law and Taxation Blog (Jul 2017).
Spray Drift As Hazardous Waste? , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (Jun 2017).

Applicable Laws

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq.
- Official text of FIFRA , from the United States Code (browse to Title 7, Section 136 (and after) to find the most up-to-date code text)
- Summary of the Federal Insecticide, Fungicide, and Rodenticide Act , from the EPA
Kansas pesticide laws can be found on the Kansas Department of Agriculture’s website, under the heading Pesticide and Fertilizer.

Other helpful websites about pesticides

Basic Information about Pesticide Ingredients, from the United States Environmental Protection Agency (EPA)
National Pesticide Information Center, which exists under a cooperative agreement between Oregon State University and the EPA
Office of Pesticide Programs (OPP), within the Office of Chemical Safety and Pollution Prevention (OCSPP) at the EPA
Pesticide and Fertilizer Program, within the Kansas Department of Agriculture (KDA)

Threatened, Endangered, and Other Protected Species

Helpful publications on threatened, endangered, and other protected species

An Overview of the Endangered Species Act (pdf), by Tiffany Dowell Lashmet, Assistant Professor and Extension Specialist, Texas A&M AgriLife Extension Service (Nov 2014).
Assessing Pesticides under the Endangered Species Act, by the Environmental Protection Agency.
Candidate Conservation Agreements (PDF) , prepared by U.S. Fish & Wildlife Service (Oct 2017).
Conservation Banking – Incentives for Stewardship (PDF), prepared by U.S. Fish & Wildlife Service (Sep 2019).
Consultations with Federal Agencies, Section 7 of the Endangered Species Act (pdf), prepared by U.S. Fish & Wildlife Service (Aug 2020).
Does the Migratory Bird Treaty Act Apply To Farmers? (PDF) , by Roger A. McEowen, on the Agricultural Law and Taxation Blog (Aug 2018).
ESA Basics: 40 Years of Conserving Endangered Species (PDF) , prepared by U.S. Fish & Wildlife Service (Feb 2017).
Habitat Conservation Plans Under the Endangered Species Act (PDF), prepared by U.S. Fish & Wildlife Service (Oct 2021).
The Petition Process (PDF), by U.S. Fish & Wildlife Service (Aug 2016).
Pollinator Conservation for Homesteads and Backyard Gardens (recorded video as part of Practical Farmers of Iowa Conference, Jan 2022), by Sarah Nizzi.
Safe Harbor Agreements for Private Landowners (PDF) , prepared by U.S. Fish & Wildlife Service (Oct 2017).

Applicable laws

The Endangered Species Act of 1973 (PDF)
Listing and Classification Policies and Regulations developed by U.S. Fish & Wildlife Service for implementation of the Endangered Species Act.

Other helpful websites for information about threatened, endangered, and other protected species

Endangered Species Act Document Library, by U.S. Fish & Wildlife Service.
Kansas Department of Wildlife, Parks & Tourism, Threatened and Endangered Wildlife
Pesticide Registration and Endangered Species Act Consultations, by the U.S. Fish and Wildlife Service.
Protecting Endangered Species from Pesticides, by the U.S. Environmental Protection Agency.
Section 7 Consultations, by the U.S. Fish & Wildlife Service.

Species specific information

Lesser Prairie Chicken
- Background: For information specific to the Lesser Prairie Chicken, visit the following websites or pages dedicated to the Lesser Prairie Chicken:
  - U.S. Fish & Wildlife Service Environmental Conservation Online System
  - Range-wide Population Size of the Lesser Prairie-Chicken: 2012 to 2021 (PDF) , by Western Association of Fish & Wildlife Agencies (Aug. 2021).
- 2021 Proposed Listing
  - Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken; Threatened Status With Section 4(d) Rule for the Northern Distinct Population Segment and Endangered Status for the Southern Distinct Population Segment , published in the Federal Register on June 1, 2021.
  - Species Status Assessment Report for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) (PDF) , by U.S. Fish and Wildlife Service, Southwest and Mountain-Prairie Regions, Albuquerque, NM, and Denver, CO (Mar 2021).
- Comments to 2021 Proposed Listing
  - The Kansas Farm Bureau Legal Foundation, along with Farm Bureau Coalition (PDF)
  - Kansas Electric Cooperatives, Inc. (PDF)
  - National Cattlemen’s Beef Association and the Public Lands Council, along with other state associations (PDF)
  - Kansas Attorney General Derek Schmidt (PDF)
  - Kansas Department of Wildlife and Parks (PDF)
  - Kansas Governor Laura Kelly (PDF)
  - Western Association of Fish & Wildlife Agencies (PDF)
  - Other comments can be reviewed at the following links, depending on whether the comment was filed by the initial August 2, 2021, deadline, or the September 1, 2021, comment extension.
Monarch Butterfly
- Background: For information specific to the Monarch Butterfly, visit the following U.S. Fish & Wildlife Service websites:
  - Monarch butterfly, on the Environmental Conservation Online System (ECOS)
  - Monarch Butterfly (Save the Monarch)
- Pollinator habitat programs: To learn about how to help provide pollinator habitat, check out the MonarchWatch website regarding their Monarch waystation program, and Monarch Butterfly Conservation on Working Lands (pdf), from the United States Department of Agriculture Natural Resources Conservation Service (2020).
- Helpful publications on the Monarch Butterfly:
  - Kansas Monarch Conservation Plan (pdf) (Sep 2019), along with Grassland Sector Best Management Practices (pdf) , and Cropland Best Management Practices for Monarchs and Native Pollinators (pdf) , can be found on the KDWP website . The Kansas Monarch Conservation Plan is centered on a 20-year objective to conserve, enhance, establish, and create pollinator habitat on private, public, and urban lands through non-regulatory, voluntary efforts and actions across the state. It was prepared in collaboration with individuals from ranching and farming organizations, conservation organizations, industry, agencies, academia, and tribal nations.
  - Monarch Species (Danaus plexippus) Status Assessment Report, version 2.1 (Sep 2020).
  - Mowing and Management: Best Practices for Monarchs (PDF), prepared by the Monarch Joint Venture (2019).
  - Nationwide Candidate Conservation Agreement for Monarch Butterfly on Energy and Transportation Lands (pdf) (Mar 2020).
  - Small-Scale Monarch Butterfly Habitat Development in Kansas (PDF), prepared by Sarah Zukoff and Anthony Zukoff, with K-State Research and Extension (May 2023).
  - To List or Not to List: Possible Consequences of The Monarch Butterfly’s Final Listing Decision , by Brigit Rollins with the National Agricultural Law Center (Jul 2020).
- Other helpful websites on the Monarch Butterfly:
  - Farmers for Monarchs, of which AFBF is a member.
  - Monarch Joint Venture
  - Pheasants Forever and Quail Forever Habitat Education
  - Xerces Society

Water Law

Helpful information on water and water rights

Clean Water Rule
- For current information about federal Clean Water issues, you can visit the EPA's website.
State Water Issues
- For up-to-date information on the status of current water matters in the state, visit the Kansas Department of Agriculture, Division of Water Resources’ website. Topics include the following matters:
  - Hays / R9 Water Transfer Application: applications by the City of Hays for changes to water rights from the R9 Ranch, and transfer of water to the City of Hays
  - Local Enhanced Management Areas: current or recent actions taken by local GMDs to have new LEMAs designated
  - Quivira Impairment: the investigation and proposed remedies resulting from the USFWS’s impairment claim at the Quivira National Wildlife Refuge
    - On October 19, 2018, President of Kansas Farm Bureau Richard Felts, sent a letter to the Kansas Secretary of Agriculture and to GMD 5 regarding the Quivira impairment claim, augmentation, and the proposed LEMA. You can view that letter here.

Applicable Laws

Kansas water laws, including the Kansas Water Appropriation Act, and the Kansas Water Appropriation Act Rules and Regulations, along with the GMD rules and regulations, and interstate compacts, among others, can be found on the Kansas Department of Agriculture's Statutes, Regulations and Guidance Documents website, under the heading Water.

Helpful publications on water law

Leasing the Land and the Water (PDF), by Wendee D. Grady, Kansas Farm Bureau Legal Foundation.

Other helpful websites for information about Kansas water issues

Kansas Department of Agriculture, Division of Water Resources (see sections about Common Searches and in the News)
Kansas Water Office