Dairyland Peach Sections Business Profile 2019 | Page 17

Dairyland Peach Business Profile 2019, Page 17
Rinke Noonan ag attorneys
wade through regulations
for farmers
Farming has changed considerably over the years
and so have the legal issues that farmers face today.
Growing up on dairy farm in Nowthen, attorney Gary
Leistico can remember when the Agricultural Stabi-
lization and Conservation Service (now the Natural
Resources Conservation Service) encouraged farmers
to drain their fields and even offered grants to farmers
to install tile and construct ditches and other drain-
age infrastructure on their land. The legal landscape
now is of course much different with the enactment
of Swampbuster, the Clean Water Act, Minnesota’s
Wetland Conservation Act and other federal, state
and local regulations.
At Rinke Noonan Law Firm, attorneys Leistico,
Alex Mastellar and Jayne Esch specialize in environ-
mental and agricultural litigation and work as a team
to help clients handle legal matters like wetland and
Waters of the United States determinations, drain-
age permitting, zoning issues, civil drainage disputes,
conservation easements, regulatory enforcement de-
fense, private animal ownership matters and business
partnership and contract disputes. Together, Leistico,
Mastellar and Esch have more than 30 years’ experi-
ence and are licensed in Minnesota, North Dakota,
South Dakota, Iowa and Wisconsin.
One of the most frequent legal issues that clients
encounter is compliance with multiple, overlapping
environmental regulations that differ depending on
the agency, state and even county or township.
“An area that the Natural Resources Conservation
Service (NRCS) determines to be prior-converted
may be a ‘wetland’ according Fish and Wildlife Ser-
vice; what qualifies as ‘reasonable’ drainage in Minne-
sota may not meet the civil law rule in South Dakota,
and a building that meets the state’s shoreline setback
requirements may not meet the county’s setbacks,”
Mastellar said. “This can be frustrating for clients
who get clearance from one government agency but
then get a different determination
from another government agency.”
On water, drainage and other
Attorneys at Rinke Noonan help clients sort through a myriad of
environmental matters, Leistico,
laws and requirements to solve disputes over land use issues. Three
Mastellar and Esch often work
attorneys experienced in ag work (from left): Alex Mastellar, Jayne Esch
with an independent engineer or
and Gary Leistico.
wetland delineator on the case.
Leistico, who worked for the
USDA in law school, said: “Today, many government
misconstrued by others as to what the law properly
agencies only do off-site wetland delineations. We find
allows and does not allow in the situation.”
it’s very helpful to hire our own expert and conduct a
Similar to considerations that should be taken
site visit, so we know the actual lay of the land and
when using social media, Leistico, Mastellar and Esch
can take soil samples and other measurements from
have found that when presenting agricultural issues to
the areas at issue.”
a judge or jury, who are increasingly from urban ar-
eas, it is important to provide sufficient testimony and
evidence that give the judge and jurors the context
and background information they need to adequately
assess the situation and fairly apply the facts to the
law.
Leistico, Mastellar and Esch credit their own ag-
ricultural backgrounds in helping further their legal
careers and are proud to work with farmers and agri-
businesses across the Midwest in navigating legal is-
sues. Rinke Noonan Law Firm also serves clients in
estate planning and probate matters, family law, per-
sonal injury, criminal defense, real estate and corpo-
rate and business law.
For more information, call Rinke Noonan at (320)
Jayne Esch and her husband Jacob helping out on
251-6700 or visit www.rinkenoonan.com.
a farm.
Leistico adds, and Mastellar and Esch agree, that
“any day out of the office is always a good day too.”
The rise of social media has also presented new le-
gal issues for farmers. Esch grew up on a farm near
River Falls, Wis. and helps her husband on the dairy
farms he manages.
“Farmers’ use of social media can be incredibly
positive to give people who don’t have access to a
farm or experience working on a farm, a look at real,
everyday farm life and show consumers how food gets
from the farm to the table,” Esch said. She cautions,
however, that “some otherwise normal farming prac-
tices shared on social media can – and have been –
Gary Leistico researching case law for a client.
R inke n oonan
attorneys at law
1015 W. St. Germain St., St. Cloud
Alex Mastellar enjoys spending time outdoors with
his dog Roxy.
Alex Mastellar
[e-mail]
Jayne Esch
Gary Leistico
[e-mail] [e-mail]
320.251.6700
www.RinkeNoonan.com