Related Information
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 and regulatory issues, including:
-
Counsel to agricultural producers, including large scale producers of pork, beef, and poultry, on local, state and federal regulatory compliance from Clean Water Act to Organic Food Labeling.
-
Represented the largest operator of thoroughbred racing tracks in North America during federal rulemaking on concentrated animal feeding operations (CAFOs) under the Clean Water Act.
-
Represented 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.
-
Advised producers and trade associations regarding local governments’ efforts to adopt county ordinances to restrict agricultural activities.
-
Defended 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.
-
Advised and defended national client regarding herbicide licensure requirements.
-
Counsel to biotechnology company developing chemical production techniques based on gene transfers.
-
Advised farm owners on 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.
-
Represented rural landowner to stop neighboring food preparation operation from polluting the landowner’s streams and ponds.
-
Protected rights of producers under the Perishable Agricultural Commodities Act (PACA).
-
Counsel to 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