Van Kley & Walker represents agricultural trade associations and farms of all sizes – large, medium, and small. Our clients produce livestock, poultry, grain, and other agricultural products. Jack and Chris have been friends of agriculture for many years, handling their legal issues and participating in their trade events, As a result, we have an in depth understanding of the challenges confronting farmers.
Advice
We advise our clients on environmental issues that can cause unwelcome liability or even cripple a farm if not timely addressed. By seeking our advice before running into trouble, we can help minimize the potential for government enforcement, neighbor disputes, and negative publicity resulting from inadvertent violations of environmental requirements.
Enforcement Defense
Farmers increasingly find themselves to be the targets of government enforcement. This enforcement might be a lawsuit, administrative order, notice of violation, or letter demanding concessions from the farm. Where the client wishes to resolve an enforcement matter, we will negotiate for a solution to resolve the government’s case while preserving the client’s business. Where the government’s position may be unjust or unfounded, we will aggressively defend the client in any enforcement case. In either case, we utilize our knowledge as former government enforcement attorneys to handle their defense.
Litigation
Neighbors and environmental organizations are also filing lawsuits against farmers. In some cases, a neighbor may allege that the farm is causing odors, toxic air emissions, fish kills, manure discharges, or other nuisance conditions. In other cases, an environmental organization may contend that a farm is violating an environmental law such as the Clean Air Act or Clean Water Act. We vigorously defend clients who are targeted by these suits.
Permits
More and more, farms are being required to apply for environmental permits. In many cases, we work with government agencies to obtain permits to construct and operate animal feeding facilities and other operations. In other cases, if the government seeks to impose undesirable permitting requirements on our clients, we determine whether the law requires the permit and defend the clients against unjustified government demands to apply for the permit. Importantly, where a permit is required, we negotiate with the agencies to obtain fair and practical permit conditions. If the permit contains unnecessarily costly or stringent requirements, we will appeal the permit to contest it. If someone appeals a needed permit, we will defend the permit. After our clients acquire the permit, we advise them on complying with the permit.
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