Articles for the Kansas Farm Bureau Legal Foundation
There have been recent court decisions about the 2015 Clean Water Act Rule defining "Waters of U.S." Kansas is currently operating under the Pre-2015 Regulations and Guidance (i.e. pre "WOTUS" rule), thanks to a preliminary injunction granted in a federal court in Georgia on June 8, 2018.
New web resources have been added to the KFB Legal Foundation website regarding employment restrictions applicable to youth working in agriculture.
This paper raises awareness of water right considerations in farm lease agreements, and helps identify at least some of the aspects of leasing a water right that should probably be addressed in the agreement.
Register now for the annual Agribusiness Symposium.
H.R. 1625, the fiscal year 2018 omnibus spending bill that was signed into law on March 23, 2018, included an exemption for livestock and insect haulers from compliance with the electronic logging device and hours of service rule which went into effect December 18, 2017, for the duration of the FY 2018 appropriations bill (September 30, 2018), and any subsequent continuing resolutions. Transporters of other agricultural commodities continue to benefit from the 90-day waiver, until June 18, 2018, from compliance with the ELD rule.
H.R. 1625, the fiscal year 2018 omnibus spending bill that was signed into law on March 23, 2018, included a permanent fix for CERCLA reporting requirements for farmers and ranchers. Furthermore, the EPA does not believe Congress intended the generation, handling or storage of animal waste to subject farms to EPCRA reporting, unless they are a CAFO or otherwise produce, use or store hazardous chemicals.
Conservation efforts are underway around the United States to help conserve the Monarch Butterfly.
We've added some great resources to our website to answer your most common questions about production contracts, and, specifically, about poultry production.
The Produce Safety Rule, part of the Food Safety Modernization Act, will go into effect Jan. 26 for farms with $500,000 or more in revenue.
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.