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 and Ecosystem Service Markets: What Farmers Should Consider (recorded video as part of Practical Farmers of Iowa Conference, Jan. 2022), by Alejandro Plastina.
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 (March 2022).
Ecosystems Credits (pre-recorded video webinar, requires member login), by Andrew Walsley and Shelby Meyers with AFBF, and Andrew Lyon, with KDA Division of Conservation (Mar. 2021). This webinar was recorded in conjunction with KFB’s Policy Engagement webinar series, and requires KFB member login to view.
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 September 2021).
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 (June 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. (February 2021).
Sustainability Markets, Part 1: Agricultural Ecosystem Credit Markets – The Primer , AFBF Market Intel by Shelby Myers (March 2021).
Sustainability Markets, Part 2: Common Land-Use Practices Under Consideration for Conservation Adoption, AFBF Market Intel by Shelby Myers (March 2021).
Sustainability Markets, Part 3: Barriers to Participation in Ag Ecosystem Credit Markets, AFBF Market Intel by Shelby Myers (March 2021).
Sustainability Markets, Part 4: Is Carbon a Commodity?, AFBF Market Intel by Shelby Myers (March 2021).
Sustainability Markets, Part 5: Good Business Practices for Farmers Participating in Agriculture Ecosystem Credit Markets, AFBF Market Intel by Shelby Myers (April 2021).

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.
Dicamba drift to non-Xtend soybeans, by Dallas Peterson and Stu Duncan, with K-State Research and Extension.
Dicamba Spray-Drift Issues, by Roger A. McEowen, on the Agricultural Law and Taxation Blog.
Spray Drift As Hazardous Waste? , by Roger A. McEowen, on the Agricultural Law and Taxation Blog.

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 Law (PDF), K.S.A. 2-2438a et seq.

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.
Assessing Pesticides under the Endangered Species Act, by the Environmental Protection Agency.
Candidate Conservation Agreements (PDF) , prepared by U.S. Fish & Wildlife Service.
Conservation Banking – Incentives for Stewardship (PDF), prepared by U.S. Fish & Wildlife Service.
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.
ESA Basics: 40 Years of Conserving Endangered Species (PDF) , prepared by U.S. Fish & Wildlife Service.
Habitat Conservation Plans Under the Endangered Species Act (PDF), prepared by U.S. Fish & Wildlife Service.
The Petition Process (PDF), by U.S. Fish & Wildlife Service.
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.

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.

Specific species

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
  - Lesser Prairie Chicken Initiative
  - Range-wide Population Size of the Lesser Prairie-Chicken: 2012 to 2021 (PDF) , by Western Association of Fish & Wildlife Agencies (Aug. 2021).
  - Service Seeks Comment on Proposal to List the Lesser Prairie-Chicken under the Endangered Species Act
  - Western Association of Fish & Wildlife Agencies (WAFWA)
- 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 (March 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 the USDA’s publication (PDF) on how to utilize Farm Bill programs for pollinator conservation.
- Register your Monarch habitat site. It is important that conservation efforts are reflected on national registries to show what is being done to help conserve the Monarch Butterfly. Habitat sites can be registered through one or more of the following programs:
  - Monarch Joint Venture, Monarch Conservation Map
  - Monarch Watch, Monarch Waystation registry
  - Or choose from many more registry options here.
- Other programs and initiatives: You can also learn about other Monarch and pollinator conservation programs and efforts through Farmers for Monarchs , the Xerces Society , the Monarch Joint Venture , and the PF/QF Habitat Education program.
- Helpful publications on the Monarch Butterfly:
  - Kansas Monarch Conservation Plan (pdf) , along with Grassland Sector Best Management Practices (pdf) , and Cropland Best Management Practices for Monarchs and Native Pollinators (pdf) , can be found on the KDWPT 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 (Sept 2020).
  - Mowing: Best Practices for Monarchs (PDF), prepared by the Monarch Joint Venture.
  - Small-Scale Monarch Butterfly Habitat Development in Kansas (PDF), prepared by Sarah Zukoff and Anthony Zukoff, with K-State Research and Extension.
  - 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 (July 2020).
- Other helpful websites on the Monarch Butterfly:
  - Monarch Butterfly Nationwide Candidate Conservation Agreement on Energy and Transportation Lands : To learn more about the nationwide CCAA, visit the USFWS website.
Peppered Chub
- Background: For information specific to the Peppered Chub, visit the following websites:
  - Peppered chub, on the U.S. Fish & Wildlife Service Environmental Conservation Online System (ECOS).
  - Peppered chub, on the Kansas Department of Wildlife, Parks & Tourism website.
- Helpful publications on Peppered Chub
  - Service Proposes Endangered Status and Designation of Critical Habitat for Peppered Chub, news release by U.S. Fish & Wildlife Service (Nov 2020).
  - Proposed Rule, published on Dec 1, 2020, 85 FR 77108.

Water

Water Law

Helpful information on water and water rights

Clean Water Rule
- For information on current EPA efforts to replace the 2015 WOTUS rule with a rule that will provide clean water AND clear rules , as ordered by President Trump in an Executive Order dated February 28, 2017, you can visit the EPA’s website.
- The Duarte Nursery WOTUS case in California has been settled. For more information about that case, visit the website of the Pacific Legal Foundation, who represented the Duarte Nursery in litigation.
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.
  - Wichita ASR: the City of Wichita’s proposal to modify the conditions of the aquifer storage and recovery (ASR) project

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 webpage.

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