Legal Foundation Articles

Articles for the Kansas Farm Bureau Legal Foundation




Opportunities in Agricultural Law


The blue jackets recently invaded Manhattan, Kansas, for the state FFA Convention. It was a great chance to reach out to some outstanding high school students about their future careers. We explained many of the career opportunities available in agricultural law to FFA members that stopped by the Washburn University School of Law table at the opportunity fair.

A Guide to Solar Leasing for the Agricultural Landowner


Solar leasing appears to be making its way into Kansas. There is a new resource from the Legal Foundation to help farmers and ranchers spot and consider issues in a solar energy lease.

Plainville Livestock Auction


If you have been affected by an insufficient funds check or the bankruptcy filing of the Plainville Livestock Commission Auction, act now to protect your financial interests.

A Guide to Conservation Easements for the Agricultural Landowner


If you are considering entering into a conservation easement, or purchasing land on which there is an existing conservation easement, this resource could be of value to you.

Rails-to-Trails: A Landowner's Guide


The Legal Foundation has a new guide to help landowners understand their rights and responsibilities when their property adjoins a railbanked recreational trail.

Electronic logging device and hours of service requirements for agricultural transporters


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.”

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


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.

Clean Water, Clear Rule


The EPA has released the proposed rule that will replace the definition of "waters of the United States" from the 2015 WOTUS Rule.

EPA Announces Extension and Changes to Dicamba Registration


The EPA issued a press release on October 31, 2018, with information about the registration changes for Dicamba.

Waters of the U.S. Rule update


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.