As I noted in this post, I will be moderating a CLE for the American Bar Association (“ABA”) General Practice, Solo & Small Firm (“GP Solo”) Agriculture Law Committee on “Renewable Energy Law for the Agriculture Industry” on Thursday, October 10, 2013 at 1pm ET. We’ll be discussing solar power purchase agreements, solar lease agreements, wind lease agreements, transmission and …
Some NY Ag Liens You Might Not Have Thought About…
Did you know that New York has the following liens that may affect the food and agriculture industry? Railway Corporation Lien on Transported Animals for a railway corporation incurring expenses in caring for transported animals under N.Y. Agric. & Mkts § 359. Artisan’s Lien for a person who makes, repairs or performs work for an article of personal property under …
Revisiting Your Right to Information in New York
You may find a time when you want to see the documents available to the public about yourself or your food/agriculture operation. There are two main federal statutes that guide the process of obtaining information from the federal government: (i) Freedom of Information Act (“FOIA”) and (ii) Privacy Act (“PA”). In New York, requests can be made to state administrative …
Save the Date: Renewable Energy Law for the Agriculture Community
Many farms and ranches throughout the country are capitalizing on available renewable energy options. I will be moderating a Continuing Legal Education (“CLE”) webinar on October 10, 2013 at 1pm ET for the American Bar Association, General Practice, Solo & Small Firm Division’s Agriculture Law Committee on renewable energy law. The CLE will discuss a myriad renewable energy law issues …
Laws Regulating Wildlife in New York
The goal of the Federal Endangered Species Act (“ESA”) of 1973 is to create conservation programs and incentive systems to safeguard the nation’s fish, wildlife, and plants. The U.S. Fish and Wildlife Service (“USFWS”) is tasked with overseeing ESA regulations. New York’s various laws and regulations related to water pollution, waste management, and pesticides are tailored to protect wildlife, aquatic …
Book Release Party at Rincker Law
I’ll be hosting a book release party on September 30, 2013 from 4:30 to 7:30pm at my law office. If you’re interested in attending, please RSVP here or shoot me an email. You can now buy your own copy of the book on Amazon.com. I will be going on a “book tour” soon throughout New York State. If you would …
Legal Structure of Farmers’ Markets
Kudos to Erin Kee and Jason Foscolo for co-authoring this substantive article on the the choices of entities for farmers’ markets. I’m teaching the undergraduate food law course at New York University this semester. Today, I am lecturing on direct farm marketing and local food law. Erin and Jason’s article was included in the “recommended reading” for today’s lecture. I …
Ask Cari: What are the Common Mistakes Farmers Make When Creating Their Estate Plans
I was asked this question by a farm journalist. My response is below. Mistake #1: Believing that having a Last Will and Testament is an “estate plan.” Many people think that “estate planning” is really just hiring a lawyer to draft a Last Will and Testament; however, it’s more complicated than that. A good estate planning attorney will have you …
Upcoming Lawline Series on Food and Agriculture Law Topics
I’m very excited to announce that I will be putting on a three part food and agriculture law series with Lawline. These will be the first food and agriculture law presentations on Lawline. It is FREE to come to the live recording of the lecture. The recording will later be available on lawline.com, along with some other great law lectures. …
Laws Regulating Solid & Hazardous Waste in New York
The Federal Resource Conservation and Recovery Act (“RCRA”) was enacted in 1976 to protect citizens from hazardous waste by controlling the manner in which waste is disposed. The New York Solid and Hazardous Waste Management Law is the state counterpart to the RCRA, designed to safeguard the public while encouraging the conservation of energy and natural resources. Both state and …
NY Lien Law: New York State Milk and Agricultural Products Security Trust Funds
Although most NY statutory liens are under the NY Lien law, the New York State Commissioner of Agriculture and Markets has a lien interest under Section 25-b of NY Agriculture and Markets Law against licensed milk dealers. This interest arises from the Commissioners role in administering the Milk Producers Security Fund. Milk dealers may, however, provide an alternate form of …