Articles for the Kansas Farm Bureau Legal Foundation
The Federal Motor Carrier Safety Administration (FMCSA) clarified on its website on December 14, 2018, that “Transporters of livestock and insects are not required to have an ELD. The statutory exemption will remain in place until further notice. Drivers do not need to carry any documentation regarding this exemption.”
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. In November 2018, the EPA began the rulemaking process for an amendment to the EPCRA rules to add a reporting exemption for air emissions from animal waste at farms.
The EPA has released the proposed rule that will replace the definition of "waters of the United States" from the 2015 WOTUS Rule.
The EPA issued a press release on October 31, 2018, with information about the registration changes for Dicamba.
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.
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.