I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question …
Choice of Business Entity Blog Series: The Sole Proprietorship
I am oftentimes asked about the best choice of business entity for a farm/ranch, agri-business or food entrepreneur. There is no one-size fits all answer to that question as each type of business entity offers different strengths and weaknesses. It is important to pick the right business entity for your specific type of enterprise – the answer to that question may …
New York Agri-Women Leadership Retreat
Hey New York Agriculture Women! On March 7th and 8th, the New York Agri-Women will host a Leadership and Marketing Retreat, at Sprout Creek Farms, 34 Lauer Road Poughkeepsie, NY 12603. The keynote speaker will be Melissa Ward. A dynamic, international speaker, Ward is a social media, design, and marketing specialist, as well as a Managing Partner of Neward Development. …
Some Thoughts on Bull Partnership Agreements
Are you going *in* on a bull partnership? Getting a written bull partnership agreement is a way to help ensure that everyone is on the same page. Here are some thoughts for a bull partnership agreement. 1. Who are the original business partners and ownership shares? 2. Will unanimous or majority consent be required if a partner decides to sell …
Counseling the Local Food Movement Part II
Below is the presentation from last night’s webinar “Part II: Counseling the Local Food Movement” for Lawline. It was the third presentation in a three part series. Free Continuing Legal Education (“CLE”) credits are available for each one. I think that Lawline is a worthwhile investment for attorneys – over the weekend I was able to listen to a matrimonial …
Upcoming Animal Welfare Law CLE with the National Agriculture Law Center
For those of you who won’t be attending the live webinar on renewable energy law for the agriculture industry on October 10 at 1pm ET, the National Agricultural Law Center and the American Agricultural Law Association will co-sponsor a webinar titled, Enforcing Animal Welfare Laws: Whose Job Is It Anyway? The program will address the authority of private citizens to …
Upcoming CLE on Renewable Energy Law for the Agriculture Industry
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 …
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 …
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 …
Laws Regulating Air with New York Agriculture
The Federal Clean Air Act (“CAA”) was signed into law in 1970 and Congress enacted the last major amendments in 1990. The CAA charges the EPA with the protection and improvement of the country’s air quality and the ozone layer. The New York Air Pollution Control Act (“APCA”) empowers the NYDEC to administer the federal CAA programs and to adopt …
Laws Regulating Water in New York Agriculture
The Federal Clean Water Act (“CWA”) was enacted in 1972 with the goal of protecting the country’s waterways from pollution. The Environmental Protection Agency (“EPA”) is charged with enforcing the CWA at the federal level. The New York Department of Environmental Conservation (“DEC”) works at the state level to protect New York’s water resources. While states must adhere to the …