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December 15, 2025

In this issue:

EGLE Director Settles Contentions Disputes About Environmental Permit Review Issues
2026 Legal Checklist for Michigan Farmers
Six Must-Haves in Your Estate Plan
How to Properly Classify Employees and Independent Contractors
Zahrt Presents at Farm Bureau's Take Root Conference

farmer spreading manure in fields in autumn

EGLE Director Issues Decision in CAFO General Permit Dispute

A recent Opinion released by Phillip D. Roos, the Director of the Michigan Department of Environment, Great Lakes, and Energy (EGLE), decided a key issue in the ongoing legal battle regarding the Concentrated Animal Feeding Operations (CAFO) General Permit.

Since 2020, groups like the Michigan Farm Bureau, the Michigan Milk Producers Association, and the Michigan Pork Producers Association (referred to as the Agricultural Defendants) have been contesting General Permit No. MIG010000, which is a National Pollutant Discharge Elimination System (NPDES) permit that governs the majority of CAFOs in Michigan...

Hands, engineer and clipboard for checklist, inspection notes or safety compliance. Person,writing with documents for, inspecting cows at dairy farm or supervisor paperwork

2026 Legal Checklist for Michigan Farmers

Agricultural Law Practice Group

The following article is for general information purposes only and is not legal advice. Laws and regulations are constantly changing. Readers should consult an attorney prior to taking any action to determine how this information applies to them.

As Michigan farmers enter 2026, they face a rapidly evolving landscape with new legal challenges and opportunities. Regularly reviewing the following checklist can help you spot issues early, minimize risks, and strengthen your farm’s financial health...

Love, happy family walking holding hands and on a farm with blue sky. Support or care, happiness or agriculture and people walk outdoors by countryside or rural environment together with generation

Six Must-Haves in your Estate Plan

Quartz Magazine

Over the next three decades, American retirees will transfer a staggering $84.4 trillion in wealth to their loved ones and charities when they die. However, only 24% of Americans have a will in 2025, down from 33% in 2022, according to Caring.com.

"It's almost like a superstition that people have that if they start talking about their estate planning documents, they're going to get that terminal illness, because they've spoken it into existence," said Michael Zahrt, a business and estate planning attorney with Foster Swift.

Zahrt was interviewed and featured in an article for Quartz magazine about the six must-haves for every estate plan...

Lack of workers in agriculture and the attraction of migrant workers. Labor shortage in rural economies. Global migration for seasonal jobs.

How to Properly Classify Employees and Independent Contractors

Courtney G. Agrusa, Clifford L. Hammond and McKenna S. Rivers

Misclassifying employees as independent contractors can lead to costly legal and financial consequences. With changing laws in 2025, it is essential to understand classification rules and regulations going into 2026.

In the following video, labor & employment attorneys Courtney Agrusa, Cliff Hammond and McKenna Rivers break down key differences and best practices to help employers and business owners stay compliant...

Zahrt Presents at Farm Bureau's Take Root Conference

February 10, 2026

Agribusiness attorney Mike Zahrt will be among the presenters at the 2026 Take Root Conference, focusing on topics related to estate and succession planning for farmers:

When: Tuesday, February 10, 2026, from 7:30 am - 4:30 pm
Where: Henry Center for Executive Development - 3535 Forest Rd, Lansing, MI 48910

Presented by Michigan Farm Bureau, attendees will discover practical tools and expert insights to help navigate the future of the family farm. With tailored breakout sessions and access to professionals in law, finance, and planning, this one-day event is designed to meet your farm succession needs.

Zahrt will be presenting the session:

Large Farms and Multiple
- Now you have multiple operations, generations of family members, and numerous farm employees. You have farm managers. You have grain elevators, livestock, trucking, real estate and cropping, all run independently. You do contract work for other farms and agribusinesses. What structure should you be moving to? Should you do it all at once or in stages? What are other companies doing?

Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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