Maryland Farmers Confront Complex Legal Issues
Keith Ohlinger, 50, owner of Porch View Farm in Howard County, got straight to the point. 鈥淔arming is hard work,鈥� he told the sold-out crowd at the fifth annual Agricultural and Environmental Law Conference held Nov. 14, 2019, in Annapolis, Md.
Maryland Department of the Environment Assistant Secretary Suzanne Dorsey, PhD, engages in a discussion with a conference attendee.
The popular conference, hosted by the (ALEI), brought farming and conservation experts together at the Crowne Plaza Annapolis for an exchange of ideas on legal topics impacting Maryland鈥檚 farming and environmental communities.
Addressing the packed conference room, Donald B. Tobin, JD, dean of the , said he is proud of the work ALEI does to support agriculture in Maryland. 鈥淲e pledge to continue to provide this kind of education to farmers so that you can not just survive, but thrive,鈥� he said.
Ohlinger, who raises heritage breeds of cattle, sheep, pigs, geese, rabbits, and honeybees, shared the challenges of farm life as a speaker on a panel titled,
He outlined the legal difficulties he faced as a livestock farmer in a rapidly changing rural community that attracts commuters in search of a more bucolic setting. 鈥淚 was surrounded by people who hated my guts,鈥� he said, describing neighbors who expressed fear of declining property values.
Mayhah Suri, a faculty specialist with the at the (UMCP), explained how urban sprawl creates challenges for farmers. 鈥淭hat means that people who aren鈥檛 used to being next to farms are now moving in next door. Unfortunately, this can cause conflict,鈥� said Suri, who went on to explain some of the intricacies of Maryland鈥檚 right to farm laws.
The enlightening panel was one of several designed to engage and educate the audience of farmers, lawyers, students, and lawmakers. Other panels included:
- Going Solar: The Roles of Local and State Governments Post Board of County Commissioners of Washington County v. Perennial Solar, LLC
- Diversification on Eased Farms: Can I Do That?
- Developing Issues in Agricultural and Environmental Law
- Urban Agriculture: Land, Leasing and Liability Challenges
The subject of the keynote panel, 鈥淓merging Opportunities in Ecosystem Trading Markets,鈥� was a hot topic for farmers looking for ways to increase their revenue streams. Talbot County farmer Kyle Hutchison was on a fact-finding mission to get the latest information on carbon, nutrient, and water quality trading to determine how his farm can participate. Hutchison said his farm, which produces 11 different crops including barley, wheat, and soybeans, uses environmental practices that in some cases reduce yield and profits.
鈥淚f I鈥檓 going to adopt some of those practices, I鈥檝e got to look for an alternative source of income,鈥� he explained.
Keynote panelists included Suzanne Dorsey, assistant secretary, Maryland Department of the Environment (MDE); Matthew Clagett, assistant attorney general, MDE; Kris Johnson, deputy director of agriculture, North America Program, The Nature Conservancy; and Lisa Wainger, PhD, research professor, .
Joanne Ivancic, executive director of Advanced BioFuels USA, said she鈥檚 been coming to the ALEI Conference for several years because of the intersection of biofuels, land use, and the law. In 2016, her educational nonprofit worked with the (UMES) on a USDA study to determine whether sugar beets, also known as 鈥渆nergy鈥� beets, could be used to produce jet fuel.
She was excited to hear the keynote panelists鈥� insights regarding nutrient trading because the UMES study found that energy beets pulled large amounts of phosphorus from the soil. Phosphorous is a byproduct of the numerous chicken farms that dot Maryland鈥檚 Eastern Shore and contribute to runoff into the Chesapeake Bay.
鈥淚f they [beets] could pull that phosphorous up, then it doesn鈥檛 make its way into the bay and become a nutrient for algae blooms,鈥� she said. Currently there鈥檚 no crop-based credit system, 鈥渟o it鈥檚 an issue worth thinking about,鈥� she added.
Maryland State Sen. Adelaide Eckardt, MS 鈥�81, represents a large portion of the Eastern Shore. Many of her constituents are farmers and watermen, and she rattled off a list of conference topics important to her home district, including nutrient trading, neighbor relations, and solar property rights. 鈥淓verything here is right up my alley,鈥� she said. 鈥淭hat鈥檚 why I come. I love it.鈥�
鈥淚 hope attendees came away with a better appreciation of the range of legal issues farmers in the 21st century face,鈥� said ALEI managing director Sarah Everhart, JD. 鈥淭he lawyers in attendance heard from the experts about issues important to their clients such as solar energy and nutrient trading. From speaking to the farmers who attended, I know they appreciated learning about state and federal environmental developments that can have an impact on their operation.鈥�
Despite the challenges he faces on his Howard County farm, Ohlinger is not giving up. 鈥淚 love farming and I鈥檓 never going to stop fighting for our farmers,鈥� he said. 鈥淚t鈥檚 a noble industry and there鈥檚 good people here.鈥�
ALEI is a collaboration of the Carey School of Law at the 爆料公社, Baltimore (UMB); the College of Agriculture and Natural Resources at UMCP; and the School of Agriculture and Natural Sciences at UMES. ALEI is an initiative of the 爆料公社 Strategic Partnership: MPowering the State, a collaboration between UMB and UMCP. This partnership leverages the sizable strengths and complementary missions of both institutions to strengthen Maryland鈥檚 innovation economy, advance interdisciplinary research, create opportunities for students, and solve important problems for the people of Maryland and the nation.