Legal Foundation Articles

Articles for the Kansas Farm Bureau Legal Foundation




CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms


Beginning on November 15, 2017, confined animal feeding operations may need to start reporting air releases of hazardous substances from animal waste to the EPA. However, there has been a legislative amendment introduced that would exempt farms from the EPA's enforcement efforts for any failure to report. This is an issue we are following and will provide future updates on our website when they become available.

Chevron Deference: Strangling Farmers One Regulation at a Time?


Chevron deference has a sledgehammer impact on agriculture, according to Roger McEowen, Kansas Farm Bureau Professor of Agricultural Law and Taxation at the Washburn University School of Law.

Settlement Reached in Duarte Clean Water Act Case


On August 15, 2017, a settlement was reached in the Clean Water Act case brought by the U.S. Army Corps of Engineers against Duarte Nursery, Inc., and John Duarte, individually. According to attorneys for Duarte at the Pacific Legal Foundation, under the settlement agreement, Duarte will admit no liability, but will pay the government $330,000 in a civil penalty, purchase $770,000 worth of vernal pool mitigation credits, and perform additional work on the site of the plowing.

Kansas State University/Washburn Law School Agribusiness Symposium


This symposium examines the intersection between the business and economics of agriculture and the legal environment in which they operate.

Dicamba Drift Issues


There are some new resources available on our website discussing Dicamba issues.

Immigration Issues Facing Kansas Agricultural Employers


This article is aimed at providing employers of foreign workers with some tips and tools to help them respond to information requests and visits by immigration enforcement officials.