Agriculture / Forestry

In recent years agriculture has been facing increased environmental regulation and has come under scrutiny due to the magnitude and variety of potential adverse environmental impacts.  In spite of these increased challenges, agriculture, the original “green industry,” presents new opportunities with advanced varieties and techniques, agritourism, the development of energy production by alternative means including biofuels, and interest in locally-grown foods.  Attorneys at Stites & Harbison understand the needs of agriculture: some have farming backgrounds, and two of our attorneys are adjunct faculty members of the University of Kentucky’s College of Agriculture where they teach Environmental Law and Regulation and Equine Law.  Across the wide spectrum of what can be called the “Agricultural Community,” from raising and racing thoroughbred horses to the large-scale production of food and fiber, the firm’s Environmental Law Service Group has advised clients on many environmental issues. Our experience includes:

  • Advising agricultural producers, including large-scale producers of pork, beef, and poultry, on local, state, and federal regulatory compliance ranging from the Clean Water Act to Organic Food Labeling.
  • Representing the largest operator of thoroughbred racing tracks in North America during federal rulemaking on concentrated animal feeding operations (CAFOs) under the Clean Water Act.
  • Representing production agriculture trade associations, including the Kentucky Farm Bureau, Pork Producers, Poultry Federation, and Corn Growers’ Association, in challenging Kentucky’s CAFO regulations that were inconsistent with statutory authority.
  • Advising producers and trade associations regarding local governments’ efforts to adopt county ordinances to restrict agricultural activities.
  • Defending animal feeding operations in litigation arising under CERCLA, EPCRA, the Clean Air Act, and the Clean Water Act, and claims of common law nuisance and trespass.
  • Advising and defended national client regarding herbicide licensure requirements.
  • Counseling a biotechnology company developing chemical production techniques based on gene transfers.
  • Advising farm owners on the acquisition and sale of agricultural properties and due diligence regarding the environmental regulatory consequences of those transactions, including hazardous waste liabilities, application of appropriate ASTM standards, Clean Water Act compliance, and conservation easements.
  • Assisting rural landowner in preventing a neighboring food preparation operation from polluting the landowner’s streams and ponds.
  • Protecting rights of producers under the Perishable Agricultural Commodities Act (PACA).
  • Advising numerous thoroughbred race tracks regarding environmental compliance in addressing facility compliance with state and federal environmental laws associated with surface water protection and management of animal and medical waste.
  • Defending citizens' suit in federal court asserting CERCLA and EPCRA reporting claims apply to agricultural sites.
  • Counseling to a major Timber Investment Management Organization in the acquisition of 44,000 acres of surface rights in southern Appalachia.
  • Serving as lead counsel to Magna Entertainment, largest thoroughbred race track facility operator in the United States in federal CAFO rulemaking process with the United States Environmental Protection Agency under the Clean Water Act.