Ark Ag Law, PLLC, specializing in agricultural law, provides representation and legal counsel to farmers and others businesses involved in production agriculture.  Agricultural producers face many unique challenges and threats to the profitability of their farm operations.  As a result, our firm offers producers a working knowledge of agriculture and the surrounding legal issues.

The attorneys at Ark Ag Law, PLLC  have many years of experience working in the area of agricultural law. From crop insurance to farm programs to agricultural real estate, our attorneys have long been the choice of producers and agricultural businesses when legal counsel is required.  For advice or representation in the area of agricultural law, contact our attorneys at (870) 747-3813.

Our agricultural law team knows the ins and outs of what it takes from experience. Our team of agriculture lawyers have the experience it takes to understand the unique challenges of a sustainable agribusiness and the role farming and agricultural law plays in running an agribusiness today. At Ark Ag Law, our agriculture attorneys have extensive experience fighting for farmer rights, including helping over 10,000 rice farmers with a $750 million settlement on behalf of all U.S. long-grain rice growers for contaminated strains of rice. We actively pursue class actions to defend farming and agribusiness in the United States to keep farming profitable and sustainable for the long term.

We are accepting new clients related to both individual cases as well as investigating larger claims that harm the farming industry to help create a long-term future for farming families in Arkansas and across the United States.

We deeply believe that agribusinesses are an important part of the economy and backbone of our country and strive to act as advocates for farming rights, defending good farming practices, and helping farms who have potentially suffered harm because of someone else’s actions.

Specific areas of Agricultural Law:

• • Crop Damages and Injury

With extensive trial experience, Ark Ag Law is prepared to take legal action in effort to recover financial losses that result from damage to growing crops. Crop damage and injury can significantly impact a farm’s bottom line, and few lawyers are familiar with the issues that a crop damage lawsuit can involve. Ark Ag Law will take legal action to ensure farmers are compensated for damages to their crops caused by human error, natural conditions, or defective products.

• • Grain Contamination

Our firm of agriculture lawyers have the experience it takes to understand the unique challenges of a sustainable agribusiness and the role farming and agricultural law plays in running an agribusiness today. Ark Ag Law has experience in representing Arkansas rice farmers with grain contamination claims. Partners of Ark Ag Law were also instrumental in bringing about the $750 million settlement to compensate farmers for their economic losses after rice prices and exports plummeted in the wake of the discovery that the U.S. rice crop had been contaminated.

• • Crop Insurance Litigation and Arbitration

Crop insurance is an important risk management tool for many farmers. However, a crop insurance agreement is not a typical contract between an insurance company and an insured farmer. Crop insurance is reinsured and subsidized by the United States Department of Agriculture, through the Federal Crop Insurance Corporation and Risk Management Agency (RMA). As a result, crop insurance disputes and disagreements will often involve actions by the Risk Management Agency. A crop insurance dispute can involve a lawsuit against a private insurance company as well as mediation, arbitration, or an administrative appeal through RMA and the National Appeals Division of USDA. Any farmer who believes a crop insurance claim has been improperly denied should hire a crop insurance lawyer, knowledgable in the complexities involved in winning a crop insurance dispute.

• • Farm Program Payments and Litigation

Midsouth row crop producers should contact Ark Ag Law at (870) 747-3813 if they would like to maximize the benefit of participating in Farm Service Agency (FSA) farm programs. Programs such as the Direct and Counter-cyclical payment programs have been essential to the survival of many farm operations. On occasion, agricultural producers should consider reorganization to ensure they receive the maximum potential farm program benefit for their farm businesses.

• • USDA Agency Appeals

Agencies such as the Farm Service Agency (FSA),the Natural Resources Conservation Service (NRCS), and the Risk Management Agency (RMA) make many determinations each year that can either benefit or harm individual farm operations. As such, the United States Department of Agriculture and affiliated agencies have the power to significantly impact the profitability and viability of your farm business. Ark Ag Law has experience dealing with FSA, NRCS, RMA and other regulatory agencies. If you are facing a potentially adverse determination from a government agency, we would be proud to assist.

• • Environmental Law and Regulation

Federal and state government are becoming more directly involved in the regulation of routine farming practices. Environmental law and regulation entails enforcement actions by both federal and state agencies, including the U.S. Army Corps of Engineers, the Environmental Protection Agency, and state environmental authorities. On the Federal front, the Clean Water Act (CWA) will likely be increasingly relevant to farmers in the near future. Significant fines can be assessed by the Corps of Engineers and the Environmental Protection Agency when it is determined that farmers have discharged fill material into waters of the United States, including wetlands, without obtaining a permit as required by Section 404 of the CWA. While many normal farming practices are exempt from Section 404, disputes can arise with the government as to what land constitutes a “wetland” and as to what farming practices are “normal farming practices.”

Row crop producers should contact Ark Ag Law, PLLC, for all issues surrounding participation and compliance with the requirements for participation in USDA farm programs, including those programs administered by the Farm Service Agency (FSA) and the Natural Resources Conservation Service (NRC).   Programs such as the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs have become essential to the survival of many farm operations.  On occasion, agricultural producers should consider their business organization to ensure they are in compliance with program requirements and that they receive the maximum potential farm program benefit for their farm businesses.