Agenda

Tuesday, September 22

1:30-2 p.m. –  Refreshments and Opening Remarks

2-3:20 p.m. – Hot Topics Panel

• Andrew Branan, North Carolina State University
• Jen Friedel, Virginia Tech
• Paul Goeringer, University of Maryland
• Peggy Kirk Hall, The Ohio State University
• Jesse Richardson, West Virginia University College of Law
• Audry Thompson, Penn State Dickinson Law

This lightning round presents agricultural and natural resources law updates from Maryland, North Carolina, Ohio, Pennsylvania, Virginia, and West Virginia. Recent case law and legislation will be highlighted.

3:20-4:20 p.m. – Farm Financial Stress: Indicators and Legal Options

• John Essman, Kingston National Bank, Ohio
• Peggy Kirk Hall, The Ohio State University
• Robert Moore, The Ohio State University
• Faith Parum, American Farm Bureau Federation

Data shows that financial stress is an increasing concern for agriculture. In this session, the speakers begin with an overview of the farm financial stress landscape and indicators of stress.

4:20-5:20 – Agritourism Law

• Mark Botkin, BotkinRose PLC, Harrisonburg, VA

This session explores the scope of agritourism and the connection to alcoholic beverage control. In addition, liability protections and the role of local regulations are explored. Virginia law is used to explore these issues.

5:30-7 p.m. –  Dinner, Dining Hall

Wednesday, September 23

*All sessions take place in the auditorium.

6:30-7:45 a.m. – Breakfast and Coffee, Dining Hall

8-8:50 a.m. – Mid-Atlantic Data Centers: Policy Drivers & Land Use Regulation 

• Evan Johns, Appalachian Mountain Advocates

• Tom Kloehn, Appalachian Mountain Advocates

This session will address emerging land use issues occasioned by the proliferation of data centers throughout the mid-Atlantic. Topics will include local regulation of data centers themselves, as well as land use issues that arise from the buildout of electric transmission and distribution infrastructure necessary to serve them. The session will include a discussion of the regulatory and technological factors that drive the concentration of data centers in certain areas, favoring new, large-scale transmission projects over local generation. It will also discuss the role of local, state, and federal government actors in regulating data center-driven land use, as well as the statutes and case law influencing conflicts between all three levels of government. 

10-10:50 a.m. – An Overview of Water Rights and Water Allocation in the Mid-Atlantic Region

• Amanda Demmerle, Appalachian Mountain Advocates

Although thermoelectric power generation is the largest withdrawer of water in the Mid-Atlantic region, agriculture is generally the largest or second largest consumptive use of water in each state. With increasing competition for water, increasing drought and shortages, and more scrutiny on withdrawals, water use will be increasingly important for agriculture and natural resources law in the region. This session will provide an overview of water law in the Mid-Atlantic, focusing on Virginia and West Virginia, and legal strategies in addressing water rights disputes. Attendees will gain a high-level understanding of the legal landscape and then see those concepts applied in several recent case studies. 

10:50-11:40 a.m. – Right to Farm: A State Comparative Analysis 

• D. Robert Davidson, MPL Law Firm, LLP, Bloomsburg, PA

• Anthony G. Gorski, The Law Office of Anthony G. Gorski, LLC Annapolis, MD

• Jake Parker, North Carolina Farm Bureau

Speakers from Maryland, North Carolina, and Pennsylvania will highlight the changes to right to farm legislation across the Mid-Atlantic. Recent legislative changes and case law will be highlighted.

11:40 a.m.-1:10 p.m. – Lunch

1:10-2 p.m. – Pesticide Use & Litigation Update 

• Brigit Rollins, National Agricultural Law Center

This session provides an overview of recent pesticide litigation with a primary focus on the recent Supreme Court case, Monsanto v. Durnell. The speaker will provide a breakdown of the legal issues at play, including the matter of federal preemption of state tort liability claims, and discuss how the Court's decision will impact the pesticide policy landscape going forward.

2-2:50 p.m. – Ag Labor Law Trends & Federal Law Refresh

• Carolyn M.H. Sullivan, Varnum LLP, Grand Rapids, MI

This session will cover some of the latest trends in agricultural labor law. We will also explore the application of the Family and Medical Leave Act, Fair Labor Standards Act, and the Affordable Care Act in the agricultural context and when H-2A employees must be considered for purposes of applying these federal laws.

2:50-3:10 p.m. – Afternoon Break

3:10-4:10 p.m. – Ethical Issues in Farm Transition Planning

• Jesse J. Richardson, Jr., West Virginia University College of Law
  

When an attorney represents a member of or members of a farm family in planning for business transition (or succession), a multitude of ethical issues arise. Most obviously, representing multiple family members could raise conflicts of interest. In addition, attorney-client privilege and confidentiality issues may arise. In rural communities, the small number of attorneys often makes resolution of these ethical issues difficult, or even impossible. This presentation uses a hypothetical farm family to tease out some of the ethical issues. The American Bar Association Model Rules of Professional Conduct are applied to the fact patterns.

4:10-4:30 p.m. – Closing & Discussion