Legal

UPDATE: Supreme Court Did Not Issue Ruling on Tariffs Case, Decision Still Pending

Wed, 14 Jan 2026 13:45:23 GMT

UPDATE: The U.S. Supreme Court chose not to release its ruling on President Trump’s global tariffs Wednesday. A decision is still pending.

The U.S. Supreme Court is expected to issue one or more rulings on Wednesday in cases already argued before the justices as major legal disputes remain pending, including litigation testing the legality of President Donald Trump’s global tariffs.

The court is set to release rulings at about 10 a.m. ET (1500 GMT). The court does not announce ahead of time which rulings it intends to issue. The court issued one ruling last Friday but did not act in the tariffs case, which was argued on Nov. 5.

The challenge to Trump’s tariffs marks a major test of presidential powers as well as of the court’s willingness to check some of the Republican president’s far-reaching assertions of authority since he returned to office in January 2025. The outcome will impact the global economy.

During arguments in the case, conservative and liberal justices appeared to cast doubt on the legality of the tariffs, which Trump imposed by invoking a 1977 law meant for use during national emergencies. Trump’s administration is appealing rulings by lower courts that he overstepped his authority.

Trump invoked the International Emergency Economic Powers Act to impose so-called “reciprocal” tariffs on goods imported from individual countries — nearly every foreign trading partner — to address what he called a national emergency related to U.S. trade deficits. He invoked the same law to impose tariffs on China, Canada and Mexico, citing the trafficking of the often-abused painkiller fentanyl and illicit drugs into the U.S. as a national emergency.

The challenges to the tariffs in the cases before the Supreme Court were brought by businesses affected by the tariffs and 12 U.S. states, most of them Democratic-governed.

Other cases awaiting rulings include disputes concerning voting rights, religious rights, Trump’s firing of a Federal Trade Commission member, LGBT “conversion therapy” and campaign finance limits, among others.

(Reporting by Andrew Chung; Editing by Will Dunham)

Could EPA Decision Signal The Beginning Of The End For DEF?

Thu, 31 Jul 2025 16:27:17 GMT

Mike Berdo has strong words to describe his ongoing experiences using machinery requiring DEF ( Diesel Exhaust Fluid ) on his southeast Iowa farm.

“It has been an absolute nightmare, at least for us. Mechanics make trip after trip to do little stuff that’s very expensive to fix,” said Berdo, who produces grain and beef cattle near Washington. “We had planting delays last spring … little stuff that came from it and just seemed like [an issue to deal with] day after day.”

The ongoing mechanical issues and costs are why Berdo said he is “all for” EPA rescinding the 2009 Greenhouse Gas Endangerment Finding. The Finding has enabled the agency to regulate greenhouse gas emissions under Section 202 of the Clean Air Act and, in recent years, and launch requirements such as the use of DEF systems in diesel-powered engines.

EPA Draws A Line In The Sand
On Tuesday, EPA Administrator Lee Zeldin released a proposal to rescind the 2009 Finding.

If finalized, the proposal would remove all greenhouse gas standards for light-, medium- and heavy-duty vehicles and heavy-duty engines, EPA said in a follow-up press release .

The move would start with EPA’s first greenhouse gas standard set in 2010 for light-duty vehicles and those set in 2011 for medium-duty vehicles and heavy-duty vehicles and engines.

EPA said the proposal is expected to “save Americans $54 billion in costs annually through the repeal of all greenhouse gas standards, including the Biden EPA’s electric vehicle mandate, under conservative economic forecasts.”

Zeldin made the announcement to rescind the Finding in Indiana, alongside Energy Secretary Chris Wright, and called it the largest deregulatory action in U.S. history.

What The Decision Could Mean To Farmers
Specific to U.S. farmers, the proposal could potentially result in DEF systems no longer being included on new tractors and other heavy equipment using diesel-powered engines, said Chip Flory, host of AgriTalk, during a Farmer Forum discussion on Wednesday.

South Dakota farmer Ryan Wagner told Flory he has a wait-and-see perspective on how or whether the EPA proposal goes into effect. He anticipates that reversing the Finding will take considerable time and effort for EPA to implement.

“It took a long time with the interim engines and things to get into full DEF in the first place,” Wagner said. “I don’t know how long it would take to unwind all that and how quickly manufacturing will just take those systems right off, but it’ll be interesting to see what happens.”

To Wagner’s point, here’s a brief look back at some timing showing when DEF rolled out in agriculture and nonroad equipment and became mandatory . The regulations were phased in over several years based on the type of equipment and engine size:

2008: DEF became required for all new diesel engines with engine sizes over 750 horsepower.

2011: the regulations expanded to include equipment with engine sizes between 175-750 horsepower.

By 2015, all new nonroad diesel engines were required to be Tier 4 compliant and utilize DEF, regardless of equipment type or engine size.

As Wagner considers DEF, he noted its use in diesel engines has provided him with one benefit: “On the plus side, I do like that they don’t make the walls of my shop black. That’s been nice,” he said. “You can run them inside for a short time and not not feel like you’re breathing in a bunch of soot and making everything black.”

Expect Legal Challenges To EPA Decision
A number of environmental groups have already blasted the move by EPA, saying it spells the end of the road for U.S. action against climate change, according to an online article by Reuters .

Legal challenges from various environmental groups, states and lawyers are likely ahead.

That fact wasn’t lost on Flory and the Farmer Forum participants during the AgriTalk discussion on Wednesday.

“If this proposal is finalized, it’s going to start a lot of conversations … and the dominoes are going to start to fall, something that we need to keep track of, no doubt,” Flory said. You can hear the complete Farmer Forum discussion on AgriTalk here:

EPA will initiate a public comment period to solicit input. Further information on the public comment process and instructions for participation will be published in the Federal Register and on the EPA website .

Your next read: Right To Repair Granted? John Deere Launches Digital Self-Repair Tool for $195 Per Tractor

Overcome the No. 1 Challenge in Passing Down Your Family Farm

Mon, 30 Jun 2025 18:41:37 GMT

Between now and 2048, about $124 trillion is expected to exchange hands from older to younger generations in the U.S., according to Cerulli Associates, a Boston-based market research firm.

For perspective, that dollar amount is approximately five times the size of the 2023 U.S. Gross Domestic Product (GDP), which totaled $27.72 trillion.

How will farmers fit into what many people are calling the “Great Wealth Exchange” over the next two decades? Much of it is specific to land, according to the American Farmland Trust (AFT). It predicts 300 million acres of U.S. agricultural land will change hands in the next 20 years.

Based on $5,000 an acre for farm ground, Paul Neiffer, the Farm CPA, estimates that would be a transfer of between $1.5 trillion and $2 trillion in land from older farmers to younger generations.

“If you throw in rangeland, that’s another trillion, so $3 to $4 trillion at most is where I think we’re at,” Neiffer says.

The Reason Succession Often Fails

A common issue is that while 69% of farmers plan to transfer their operation to a younger family member, only 23% have a plan , according to AgAmerica Lending LLC.

But the No. 1 issue that trips up people in the succession planning process is most people – farmers included – focus more on the mechanics involved in transferring assets than on keeping their family relationships intact.

That’s according to Amy Castoro, CEO and president of The Williams Group, a family coaching and consulting organization. Her firm does relationship planning to help family members make sure they’re still speaking to each other after the wealth transfers.

Many times, she says, the friction in the transfer of wealth has little to do with money and material goods and a whole lot more to do with whether the family members involved felt loved.

A Formula For Success

The Williams Group did a 20-year field study and from that developed a formula for how people need to focus their time and energy in the succession process.

The company recommends spending:
60% of your time on building family trust and developing good communication practices;

25% preparing your heirs to take over the operation, laying the business and fiscal groundwork for the farm to continue under their leadership;

10% of your time getting on the same page about your family’s values and having a family mission;

5% of your time on the estate planning mechanics, the nuts and bolts of how the assets will transfer.

In addition, The Williams Group advises that you work with your heirs to:

Strike a balance between control and collaboration.
Embrace the next generation’s perspectives.
Bolster intergenerational solidarity.
Embed high-trust behaviors.
Co-design standards for readiness.

Start The Plan Sooner, Not Later

If you want to see your farm succeed with the next generation of family members, make sure you have the right structure in place – and set it up sooner than later. Don’t put it off, Neiffer advises.

Once you have a plan in place, you have a tool you can modify to fit what your family and farm need over time.

“Having a plan in place can help alleviate stress, even if things change down the road,” Neiffer says. “Keep in mind that farming is a dynamic business and your plan needs to be, too.”

Your next read: Big Questions Remain For Next Gen Farmers

Trump Suggests Farmers Could Petition to Keep Workers Without Legal Status

Fri, 11 Apr 2025 14:28:28 GMT

U.S. President Donald Trump suggested on Thursday that farmers will be able to petition the federal government to retain some farmworkers in the U.S. illegally, provided the workers leave the country and return with legal status.

Trump’s comments during his Cabinet meeting are, though vague, the most detail the administration has provided on the fate of the nation’s farmworkers without legal status — who make up half the farm sector’s workforce — under his plan for mass deportations.

Farm industry groups have warned that deporting large numbers of agricultural workers would grind the food system to a halt. In addition to farming, many workers without legal status are also employed in the meat and dairy industries.

“We’re going to work with farmers that, if they have strong recommendations for their farms, for certain people, that we’re going to let them stay in for a while and work with the farmers and then come back and go through a process, a legal process. We have to take care of our farmers and hotels and various places where they need the people,” Trump said.

“A farmer will come in with a letter concerning certain people saying, they’re great, they’re working hard, we’re going to slow it down a little bit for them and then we’re going to ultimately bring them back. They’ll go out, they’re going to come back as legal workers,” he said.

The White House and the Department of Agriculture did not respond to requests to clarify the policy or when it will be implemented.

During his first administration, Trump promised the farm sector that deportations would not affect agricultural workers, but has made no such promise in this term.

Immigrant farmworkers prepared for the Trump administration by assigning guardians to their children in the case of their detention and taking other precautions.

(Reporting by Jeff Mason and Leah Douglas in Washington; Editing by Bill Berkrot)

Heads Up: Corporate Transparency Act Still in Limbo

Fri, 27 Dec 2024 19:49:01 GMT

The ongoing legal battle over the Corporate Transparency Act (CTA) and its Beneficial Ownership Information (BOI) reporting requirements has seen significant developments in the past month:

Dec. 3: A nationwide injunction against the CTA was issued by the U.S. District Court for the Eastern District of Texas.
Dec. 23: The Fifth Circuit Court of Appeals stayed the injunction, reinstating the CTA.
Dec. 26: The Fifth Circuit vacated its earlier stay, potentially reinstating the injunction.

What Does This Mean for Farmers?
The if and when regarding BOI reporting is unknown, but should the CTA be upheld, here’s what we know.

Corporations, limited liability companies (LLCs), limited partnerships (LP) or any entities created by filing a document with a secretary of state must file online reports to the Financial Crimes Enforcement Network (FINCen) , disclosing information about the beneficial owners of the entities. The following information is required:

legal name
current street address
the state in charge of its filing requirements
taxpayer identification number

As of Dec. 27, entities in existence before Jan. 1, 2024, now have until Jan. 13, 2025, to make their first BOI report. However, the Jan. 13 deadline might change based on court outcomes. Entities created or registered in 2024 have 90 days from creation to get their first reports filed.

Conflicting rulings make it difficult for entities to determine next steps. A final decision is expected soon, but the timeline remains unpredictable.

In the meantime, monitor legal and regulatory updates closely, and prepare for compliance by drafting BOI reports to ensure readiness if the CTA is upheld.

Accidents Happen. Don't Lose the Farm Because of Them

Fri, 27 Jan 2023 18:04:27 GMT

It’s well after lunch, mid-afternoon at an all-day grower meeting, but the 20-plus farmers sitting on metal folding chairs arranged in a half circle are focused intently on the speaker in front of them.

“Only 50% to 60% of farmers going down the road hauling a load of hay, driving a semi with grain or some other piece of equipment are doing so legally,” Fred Whitford tells them.

He pauses momentarily, reflects on what he’s just said, then nods his head: “Yeah, I’m pretty comfortable that’s true. It doesn’t take much to be at fault; it could be as simple as driving on bald tires.”

The farmers look around at each other nervously as Whitford builds on his initial comment.

“If I don’t have grooves in my tires I can’t move water, and I can hydroplane. When I go to brake, I don’t have braking power and the truck won’t stop.…What then?”

Maybe the truck just ends up in a ditch. At the other extreme, the driver has a major accident with a motorist that causes death or life-long incapacitation.

It’s not uncommon. Data from the past decade show that while only 19 of every 100 Americans live in rural areas, more than 50% of all fatal roadway accidents take place there, according to the U.S. Department of Transportation.

It’s a heavy topic, but Whitford wades into it, intent on helping the farmers present prepare for if or when calamity strikes.

Pitfalls To Avoid
One common problem is farmers tend to have insufficient insurance, says Whitford, Clinical Engagement Professor, Botany and Plant Pathology and Director of Pesticide Programs at Purdue University.

“Say you have $2 million dollars of liability coverage, which roughly covers your net worth. One of your vehicles is involved in an accident that causes the death of a child.

The jury awards the child’s parents $5 million. Your insurance company would only be responsible for covering the first $2 million, while you would be responsible for the remaining $3 million,” he says. “That could bankrupt your business.”

Whitford brings up another common issue he sees.

“Who has their farm in an LLC?” he asks the group.

A couple of farmers raise their hands. Most are studying the floor. One mumbles that his land and equipment are in a single corporation.

“Well, sir, that’s not a good idea,” Whitford politely tells the farmer. “I can go into the corporation, get all the insurance money and then I can sell the land. I see it happen all the time.”

Whitford tells the farmer to go home and put his land in a corporation separate from his equipment. “You want to protect the one asset that brings you income,” he advises.

“This is why investing the time with an attorney is so vital.”

Whitford also encourages the group to meet with their insurance agent. “Ask them some questions, like ‘How much am I covered for? And what does that mean?’”

Insurance agents often tell Whitford that when they ask their farm clients to come in for an annual review many don’t even return their calls. “Not getting your annual insurance review is lost opportunity to protect your assets,” he says.

He acknowledges a basic insurance policy for the farm is pricey, and there’s no escaping the expense.

However, additional coverage beyond the basic policy is often available at a more palatable rate. Sometimes referred to as an umbrella policy, it provides additional protection that could literally save the farm.

“It often adds $5 million, $10 million of protection on top of your basic policy and at a discounted rate, but insurance agents often don’t bring it up because they know the odds of you buying it are slim,” Whitford says.

Talk, Listen, Act

As part of your annual meeting with your insurance agent, don’t hold back, Whitford tells the farmers in the room.

“Get your agent’s best advice, discuss all of the possible insurance options, then make the best decisions for you and your farm regarding coverage and policy limits,” he says.

While most farmers believe insurance is important, few read their policies. It’s true that an insurance policy is tedious reading, but making an effort to understand what is (and what is not) covered is important.

“After you suffer a loss, it will be too late to make any changes,” Whitford says. “Even if you don’t personally read your policy, at least develop a list of questions you want your insurance agent or attorney to answer.”

More Information Available

Fred Whitford is the author of more than 300 publications. Two of his recent ones are:

The Aftermath of a Farm Truck Crash: Lawsuits, Settlements, and Court Proceedings

Farm Truck Accidents: Considering Your Liability Management Options