Idaho Agricultural Law Seminar/Webinar, August 2023 (Idaho)

Washburn University School of Law presents the two-day seminar "Idaho Agricultural Law Seminar" on Monday, August 7 and Tuesday, August 8, 2023 at North Idaho College, Coeur d'Alene, Idaho. This program is appropriate for attorneys.

Thisprogram is only intended for attorneys seeking CLE credit.

This program is time formulated to 60 minute hours only for attorney CLE credit.

This program may be attended either in person or online
In-person attendance is limited to 75 individuals.
(see "Information for Online Attendees" in the sidebar).

Register and Pay Online

Note that the "Farm and Ranch Income Tax/Estate and Business Planning Seminar/Webinar" for agribusiness professionals, certified public accountants, enrolled agents, etc., will be offered concurrently with this agricultural law seminar.
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NOTE: All times shown below are Pacific Time (PT); e.g., 9:00 a.m. Pacific Time = 10:00 a.m. Mountain Time = 11:00 a.m. Central Time = 12:00 p.m. Eastern Time.

About the Presenters

Roger McEowen, J.D., Kansas Farm Bureau Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas. He is a member of the Iowa and Kansas Bar Associations and is licensed to practice in Nebraska. McEowen publishes the online Washburn Agricultural Law and Tax Report (WALTR) which focuses on legal and tax issues that agricultural producers, agricultural businesses, and rural landowners face and he maintains the Agricultural Law and Taxation Blog. He is also widely published in law reviews and agricultural law publications and conducts agricultural tax and law seminars across the country. McEowen is also heard weekly on RFD-TV, and daily on over 130 farm radio stations nationwide and on SiriusXM 147 with the "Agricultural Law and Tax Report."
• Learn more about Roger McEowen.

Cody Hendrix, lives in Rigby, Idaho with his wife, Avrey, and their 4 children. Cody graduated from BYU-Idaho with a bachelor's degree in business finance, and a minor in Animal Science. He comes from a hay and beef cattle ranch and uses that experience to help farmers and ranchers throughout East Idaho where he works for AgWest Farm Credit. He has been with AgWest for 14 years where he has spent most of his time as a Relationship Manager, VP (loan officer). Cody is active in the Idaho Grower Shipper Association (potato industry) and Idaho Cattle Association (beef industry) where he has served on the board for the past 6 years. When he is not at work, he enjoys spending most of his time chasing kids to various activities and ball games and hiking in the summer or skiing in the winter.

Hayden L. Ballard grew up in Fredonia, Arizona, working on the family beef cattle operation in Northern Arizona/Southern Utah. He is a graduate of Washburn University School of Law and received an LL.M. from the University of Arkansas School of Law and a Masters degree in Natural Resources from the University of Missouri. Ballard currently serves as an attorney/policy analyst for the interdisciplinary Utah Public Lands Policy Coordinating Office (a Division of the Utah Department of Natural Resources). In his current role, he is involved in various aspects of federal land use (particularly grazing), including policy development, litigation and public outreach. In addition to his legal work, Ballard is also a licensed insurance producer specializing in Pasture, Rangeland and Forage (PRF) Insurance as well as Livestock Risk Protection (LRP) Insurance. Ballard's writing has been published in multiple law journals, and he has made a media appearance discussing the Packers & Stockyards Act. He currently makes his home in Southern Utah where he enjoys team roping, raising cattle, and hunting with his wife.

L.R. "Rusty" McGuire, Jr. is a principal at McGuire, DeWulf, Kragt & Johnson, P.S., in Davenport, Washington. Rusty was raised on the family farm that was homesteaded by his great-grandfather west of Steptoe Butte, Washington, on the rolling hills of the Palouse. Rusty advises clients in all aspects of elder law, estate planning, and estate administration. He also has extensive knowledge in all areas of agricultural law, including estate and tax planning for families, family corporations, and partnerships. Rusty guides families dealing with farm and business issues during the transition of generations. He also advises families on farm real estate transaction planning. He also advises on planning and appeals dealing with Federal farm programs administered within the U.S. Department of Agriculture by the Farm Service Agency and the Natural Resources Conservation Service. Rusty is licensed to practice in Washington and Idaho and is a member of the National Academy of Elder Law Attorneys.

Damien Schiff is a senior attorney at Pacific Legal Foundation (PLF). He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation, including serving as counsel of record in Sackett v. U.S. Environmental Protection Agency. He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims.

Joe Pirtle joined the Idaho State Bar Counsel's office in April 2022. Before that, Joe was a shareholder and civil litigation attorney with Elam & Burke in Boise. Joe received his B.S. in Business Finance from the University of Idaho in 2001 and his J.D. from the University of Idaho College of Law in 2004. Joe was an inaugural class member of the Idaho Academy of Leadership for Lawyers, and later served on its steering committee. He is also a past chairperson of the Idaho State Bar Litigation Section and served as a mentor for the Idaho Trial Skills Academy. Joe recently concluded service on the Attorney Well Being Task Force, and previously served many years as a member of the Idaho Lawyer Assistance Program.

Joel Anderson is the Executive Director of the Snake River Farmers' Association (SRFA), a nationwide non-profit organization of H-2A agricultural producers located in Heyburn, Idaho. The Association was founded by farmers in 1985 to specialize in the complex world of H-2A processing and program compliance. Joel has worked in the field of immigration since 2000. Following his admission to the Colorado Bar in 2007 he has devoted his practice exclusively to immigration law. He earned a Bachelor's Degree in business administration from the University of Colorado at Denver and a Juris Doctor from the University of Denver's Sturm College of Law.

Kristi Running is an Associate Clinical Professor at the University of Idaho College of Law where she primarily teaches courses in lawyering skills. Prior to joining the College of Law in 2012, Kristi practiced with the Boise law firm of Elam & Burke in the areas of workers' compensation, insurance defense, and general civil litigation; and she served as a judicial clerk to the Honorable Roger Burdick of the Idaho Supreme Court. Kristi grew up training and showing horses, did a few years of 4-H beef project, and worked as a trail guide throughout college and law school. She now lives in Moscow with her family and a plethora of animals and runs the nonprofit Idaho German Shepherd Rescue.

Aaron Golladay has spent his entire life involved in farming and ranching. He presently works with his two brothers-in-law, managing a 5000-acre hay and corn farm, and an 850-head cattle ranch. In his current role, he manages the cattle herd and runs the office, often from a pick-up cab. Aaron is responsible for overseeing a family-owned C-corporation, six limited liability companies, and ten employees. Aaron was a First Vice President of the Washington Farm Bureau for nine years. He also spent nine years on the local school board and has served for over twenty years as a volunteer firefighter and EMT. He has previously earned the rank of Eagle Scout. Aaron is married to Shanna and together they have four children.

Professor Richard Seamon is the Margaret Schimke Distinguished Professor of Law at the University of Idaho College of Law. He teaches courses in agricultural law, administrative law, and constitutional law. Before becoming a law professor, he practiced law full time for almost ten years in Washington, D.C. For six of those years, he served as an Assistant to the Solicitor General of the United States. In that position, he presented oral argument to the U.S. Supreme Court in fifteen cases.

Kelly Stevenson received her B.A. in general business from Idaho State University in 2016. She attended law school at the University of Idaho College of Law and graduated in 2019. During law school, she was on the dean's list, received a CALI award of excellence in Agricultural Law, and was the Senior Bluebook Managing Editor of the Idaho Critical Legal Studies Journal. Kelly is a passionate advocate for agriculture and is one of the founders of the University of Idaho College of Law's Agricultural Law Society. She also established the Idaho State Bar's first Agricultural Law Practice Section, of which she is the current chairperson. She is currently admitted to practice in Idaho and is an associate attorney at Jones Williams Fuhrman Gourley, P.A. in Boise, Idaho.

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Schedule

Monday, August 7, 2023 (Day 1)

9:00-9:30 a.m. — Registration

9:30-10:30 a.m. — Current Developments and Issues in Agricultural Law (McEowen) [60 minutes CLE]

This session provides an update of legislative, regulatory and court developments involving legal issues facing farmers, ranchers, and rural landowners. From contract issues to ag financing, farm bankruptcy and real estate issues, this session provides a survey or recent developments. Also covered are current developments involving agricultural torts, criminal liability, water, environmental and regulatory issues.

10:30-10:45 a.m. — Morning Break

10:45-11:45 a.m. — Current Trends in the Ag Economy and the Impact on Farm/Ranch Clients (Hendrix) [60 minutes CLE]

This session will focus on the ag economy and what is happening in some of the industries within the ag sector. With rising interest rates, the availability of funding for producers will be addressed as well as anticipated future interest rate levels. The session will close by focusing on the future of ag and how farm and ranch families can continue farming/ranching despite the economic headwinds that many will face.

11:45 a.m.-12:45 p.m. — Lunch (provided)

12:45-1:45 p.m. — Appealing Adverse Grazing Decisions on Federal Grazing Allotments (Ballard) [60 minutes CLE]

This presentation provides a high-level overview of the administrative appeals process for grazing allotments on lands managed by both the Bureau of Land Management and the U.S. Forest Service.

1:45-2:15 p.m. — Rural Practice (McGuire) [30 minutes CLE]

Longtime rural practitioner Rusty McGuire will discuss the challenges of recruiting and keeping lawyers in rural communities.

2:15-2:30 p.m. — Afternoon Break

2:30-3:30 p.m. — Private property rights and the Clean Water Act: Predicting the Impact of Sackett v. EPA on Rural Landowners (Schiff) [60 minutes CLE]

In this session, Pacific Legal Foundation senior attorney Damien Schiff will provide a background on the Clean Water Act and its contentious history of implementation by EPA and the Army Corps of Engineers, as well as an analysis of the Supreme Court’s decision in Sackett v. EPA on the scope of the agencies’ Clean Water Act authority and predictions about how the Supreme Court’s ruling will affect the ability of farmers and other rural landowners to make reasonable use of their property.

3:30-4:30 p.m. — Common Grievances in Idaho (Pirtle) [60 minutes Ethics CLE]

This session provides a discussion of the most common alleged violations seen by the Idaho Bar Counsel’s Office and the applicable Idaho Rules of Professional Conduct.

4:30 p.m. — Ag Law Conference Adjourns

4:30 p.m. — Reception sponsored by the University of Idaho College of Law and the Agricultural Law Section of the Idaho State Bar.

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Tuesday, August 8, 2023 (Day 2)

9:00-9:30 a.m. — Registration

9:30-10:30 a.m. — Foreign Ownership of Agricultural Land (McEowen) [60 minutes CLE]

2022 and 2023 have seen many states enact restrictions on the foreign ownership of agricultural land. Several prominent events have brought the issue to the forefront of public attention and that of legislators. The matter is seen as food security and national security. This session traces the history of foreign ownership restrictions at the federal level and what the state have done recently.

10:30-10:45 a.m. — Morning Break

10:45-11:45 a.m. — Immigrant Labor in Agriculture: Keeping it Legal (Anderson) [60 minutes CLE]

The H-2A nonimmigrant worker program is currently the main option ag producers have for lawfully hiring temporary/seasonal foreign workers. This session discusses the basics of the H-2A program and other temporary/permanent options for utilizing foreign workers, and provides information on the current legislative and regulatory landscape facing agriculture employers.

11:45 a.m.-12:45 p.m. — Lunch (provided)

12:45-1:45 p.m. — The Intersection of Animal Welfare and Agriculture Laws (Running) [60 minutes CLE]

This session will discuss state and federal laws impacting farmed animals, such as application of animal cruelty laws, developments in ag-gag laws, and the implementation of anti-confinement laws such as California's Proposition 12.

1:45-2:15 p.m. — Why Every Farm and/or Ranch Should Have a Good Banker, Lawyer, and Accountant (Golladay) [30 minutes CLE]

This session provides a discussion of the many roles and parts the banker, lawyers and accountants have in working with farmers and ranchers today.

2:15-2:30 p.m. — Afternoon Break

2:30-3:30 p.m. — The ABCs of Agricultural Leases; Whose Cows are These? (Seamon and Stevenson) [60 minutes CLE]

This two-part session focuses on leases and fences. Much farming and ranching occurs on leased land, and a large portion of those leases are oral arrangements, a form that invariably produces disputes and lawsuits. This session gives an overview of the law in this area, focusing on issues that regularly arise for attorneys representing farmers and ranchers. Also provided will be an introduction to open range, herd districts, and fences in Idaho. Relevant caselaw and recent statutory revisions will be covered.

4:25 p.m. — Ag Law Conference Adjourns

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