Texas Agriculture Law
As we move toward the end of 2025, we love to take a look back at some of the key agricultural law issues in Texas over the last 365 days. If you missed our nationwide year in review post, click here. So, what are some of the biggest ag law issues in the Lone Star State in 2025? Texas Supreme Court Rules in Produced Water Case; Second Case Filed. There is nowhere else to start but with produced water. The Texas Supreme Court decision in Cactus Water Services v. COG… Read More →
The time has come for our final weekly round up of 2025! While many of us are slowing down for the holiday, agricultural news is not. Let’s get caught up on some of the biggest stories in the news over the past few weeks. *State of Texas sues Xcel Energy over Smokehouse Creek Fire. Texas has filed suit against Xcel Energy seeking over $1 billion in losses as a result of the Smokehouse Creek Fire. The lawsuit claims the fire, which burned over 1 million acres, was started by… Read More →
Once again, it has been a busy year in agricultural law. There was so much to choose from, narrowing the list down to the top 10 issues proved challenging. With that caveat, here is our list of the top national legal issues for 2025. For those of you that prefer an audio option, much of this is discussed in our Ag Law in the Field Podcast Year in Review episode that will be available later this week! Congress Passed Permanent Increase to Lifetime Exemption for Estate Taxes In… Read More →
I recently co-authored an article for Southern Ag Today with my friend, Jesse Richardson, on an interesting case out of Michigan. While the case involved questions about zoning, it raised interesting policy questions about how best to preserve farmland and balance that desire with the economic benefits agritourism can provide. Read our article here.
The Eastland Court of Appeals recently issued an opinion in Mullins v. McWhirter, a case involving the liability of a cattle owner when her cow was hit by a motorcyclist on the highway. [Read Opinion here.] Background Rowdy Escobar was driving his motorcycle down U.S. Highway 84 in Coleman County. About 1:30 am, he was killed when his motorcycle struck a black cow owned by Charlotte Mullins on the highway. At the time of the accident, Charlotte leased land west of Highway 84 and had 47 cows on the… Read More →
It has been a remarkably busy few weeks for agricultural law around the country. Here are some of the biggest stories in the news. * Government shutdown ends, Farm Bill programs extended. After 43 days, the federal government has re-opened. Included in the Continuing Resolution to fund the government through January 2026 was language that will extend the existing Farm Bill programs for another 12 months. [Read article here.] * New WOTUS Rule proposed. As I have reported numerous times over the past decade, yet again, the Environmental Protection Agency… Read More →
Around the country, there has been much recent discussion about taking a “residual fertility deduction” for farm and ranchland. What is this? How does it work? What requirements exist? I recently co-authored an article for Southern Ag Today answering these questions with Kristine Tidgren from the Center for Agricultural Law and Taxation at Iowa State University. You can read our article here. Additionally, if you want to take a deeper dive on this topic, I did a podcast episode with Kristine and Dario Arezzo from Farm Credit East… Read More →
Last week, I was honored to present the 2025 Resource and Land Use Update at the American Agricultural Law Association Conference with my friend and mentor, Jesse Richardson. We worked to find the most important cases decided this year across the country related to topics like agritourism, water law, oil and gas, right to farm, takings, renewable energy, and more. What cases made our list? You can find out: 2025 LAND USE AND RESOURCE LAW UPDATE Are you interested in learning more about the American Agricultural Law Association?… Read More →
It has been a busy few weeks full of travel, learning, and connecting with people across the country. From programs and workshops in Bryan, Texas to the American Agricultural Law Association (AALA) Conference in Scottsdale, Arizona, it has been a great stretch of events. Let’s take a quick recap.
The United States Court of Appeals for the First Circuit recently upheld a legal challenge to Massachusetts Question 3, an animal confinement statute similar to California’s Prop 12. [Read Opinion here.] Background In 2016, Massachusetts voters passed Question 3, the Act to Prevent Cruelty to Farm Animals (“the Act”). The Act applied to veal, poultry, and pork, but this case involved only the provisions related to pork production. The Act prohibited the use of gestation crates on pig farms in Massachusetts. Additionally, the law prohibited the sale of… Read More →
