Monthly Archives: December 2016

2016 Ag Law Year In Review: Federal Level

2016 was quite a year for agricultural law.  From the FAA passing UAS regulations to a major water law decision by the Texas Supreme Court to Congress passing a GMO labeling bill, a lot has happened in the past 12 months.  We will take a look at the highlights in two parts, focusing today on federal issues and considering Texas issues in our next blog post. *WOTUS joint resolution vetoed, stay in place during litigation.  The controversy surrounding the Clean Water Act definition of “Waters of the United… Read More →

Reminder: Check Your Beneficiaries!

A Dallas Court of Appeals decision offers an important reminder for everyone to consider…be sure to check your beneficiaries designated to receive payment upon death for items like life insurance policies, pensions, or Transfer on Death accounts.  Failure to do so can lead to unintended and unfair consequences for the loved ones left behind. Switzer v. Vaughan In this case, a dispute arose when David Eric Switzer passed away in 2014.  From 2007 to 2009, Eric dated a co-worker named Kay.  During that time, Eric designated Kay as his… Read More →

Texas Supreme Court Enforces Forum Selection Clauses

Frequently during presentations on hunting leases, I recommend that landowners include a “forum selection clause” in their lease agreement with hunters who “aren’t from around here.”  A forum selection clause essentially is a contractual agreement between the parties as to where any litigation will be filed if a dispute arises.  In hunting leases, a landowner wants to ensure that he or she has home court advantage, if you will, by ensuring that litigation occur at home, rather than where the hunter lives.  Earlier this year, the Texas Supreme Court… Read More →

Clean Water Act Webinar and Report

Today, I’ve got a couple of resources for those of you interested in the Clean Water Act. First, the Congressional Research Service recently published a report titled “Evolution of the Meaning of ‘Waters of the United States’ in the Clean Water Act” that walks through the path that the term “waters of the US” has taken over the past several decades.  It is an interesting look at the history of the Act and the cases that have attempted to define the scope of federal jurisdiction in this area…. Read More →