The National Agricultural Law Center (NALC) is set to host its Third Annual Western Water, Ag, and Environmental Law Conference on June 19-20, 2025, at the Peppermill Resort Spa Casino in Reno, Nevada. This year’s event promises to draw significant attention as it will feature the return of two prominent presenters from the Institute for Justice: Robert Frommer, a senior attorney, and Joshua Windham, an attorney and Elfie Gallun Fellow in Freedom and the Constitution. Their presentation, titled “Fourth Amendment and Agriculture: Warrantless Access to Ag & Private Rural Lands,” aims to shed light on a critical issue that affects agricultural producers across the Western U.S. and beyond.
The conference will tackle pressing topics in water, agricultural, and environmental law, particularly those that have a unique impact on the agricultural industry in the region. A significant focus will be on the Fourth Amendment and its implications for warrantless searches of private property. The Fourth Amendment is designed to protect citizens from unreasonable searches and seizures. However, the open fields doctrine, established by the 1924 Supreme Court case Hester v. United States, complicates this protection for agricultural land. This doctrine allows law enforcement to conduct searches of open fields without a warrant or probable cause, leaving many rural landowners vulnerable.
Frommer emphasized the serious ramifications of the open fields doctrine, stating, “These exceptions apply broadly, but have outsized effects on farmers and rural landowners.” He added that the Institute for Justice is actively working to challenge this doctrine and restore property rights for Americans. Windham, who co-authored a 2024 study for the Cato Institute, highlighted the staggering statistic that approximately 1.2 billion acres of private land in the U.S. are subject to warrantless government access. “Our research showed that, under current law, officials can search almost 96 percent of private land in the U.S. without a warrant or probable cause,” Windham said. This alarming figure underscores the urgent need for dialogue on the balance between government oversight and private property rights, particularly in the agricultural sector.
NALC Director Harrison Pittman expressed enthusiasm for the return of Frommer and Windham, noting their popularity at previous conferences. “They were immensely popular presenters at our 2024 Mid-South event, so we are glad to have them back presenting to our audience at the Western,” he said. Pittman highlighted the relevance of the topic, emphasizing its importance not only in the Western U.S. but across the entire country.
As the agricultural community grapples with increasing regulatory scrutiny and the complexities of land use, the insights shared at the conference are expected to resonate deeply with attendees. The discussions on warrantless searches will be particularly pertinent for farmers and rural landowners who may feel their rights are being undermined.
Registration for the conference will open in January, and interested participants are encouraged to stay connected with NALC for updates. The conference will also be available via livestream, making it accessible to a broader audience. NALC invites those involved in the agricultural community to engage with their initiatives, including a stakeholder survey aimed at gathering insights from various sectors of the ag industry.
As the date approaches, the anticipation surrounding the 2025 Western Conference continues to build. With critical discussions on the intersection of agriculture, law, and individual rights, this event promises to be a pivotal moment for stakeholders across the agricultural landscape.