Category Archives: “Ag Gag” Statutes

January 15, 2016 Weekly Round Up

This week I made the drive to Lubbock to speak at the “Seeking Solutions” extension meeting.  It was a great program and I really enjoyed the opportunity to visit with producers about agricultural law.  To those of you joining the blog from that event, welcome!  Here are some ag law stories in the news this week. * What You Need To Know About Selling Your Oil and Gas Interests.  Texas attorney Aimee Hess recently wrote a great blog post discussing the sale of mineral interests.  She offers some… Read More →

December 18, 2015 Weekly Round Up

We are exactly one week from Christmas!  I hope you all are more prepared for the holiday than I am at this point!  Here are some ag law stories making news this week. *EPA violated the law by pushing “WOTUS” rule on social media.  The Government Accountability Office found this week that the EPA violated federal law in its social media campaign in favor of its “Waters of the United States” rule.  Government agencies are certainly permitted to use social media in order to provide information, but may not… Read More →

2015 National Agriculture Law Year in Review (Part I)

As 2015 draws to a close, I thought it would be interesting to take a look back at the top agricultural law developments this year.  First, we will take a couple of posts to look at the national year in review, followed up by a look at the biggest Texas-specific happenings next week. From “Waters of the United States” to drones to GMOs to the United States Supreme Court, 2015 has been a busy year for agricultural law.  Here are the highlights. “Waters of the United States” regulation… Read More →

December 11, 2015 Weekly Round Up

We have reached another Friday!  This week I was on the road to speak at the Swisher County Ag Day on the top legal developments in 2015.  Thanks to John Vialba and Glenda Gibson for all their hard work to put on a great event and for inviting me to participate.  For those of you interested in that topic, stay tuned next week for a blog recapping the year in ag law!  To those of you joining the blog from the Swisher County Ag Day, welcome! Here are… Read More →

Idaho “Ag Gag” Statute Declared Unconstitutional, Producers Should Review Practices

I recently wrote an article for Progressive Cattleman Magazine discussing the recent ruling by an Idaho federal judge, which found that the state’s “ag gag” statute was unconstitutional.  The statute, which prohibits interference with agricultural operations, including undercover videotaping, was held to violate both the First Amendment  and the Equal Protection Clause.  As the article explains, in light of this ruling, producers should review and consider their current hiring policies, training procedures, crisis response plan, and potential common law claims if an undercover video situation were to arise…. Read More →

August 14, 2015 Weekly Round Up

Last Friday I visited with a group of West Texas landowners at the Permian Basin Oil and Gas Conference.  Thank you all for your great questions and for those of you new to the blog, welcome!  Here are some ag law stories in the news this week. * EPA To Blame for Catastrophic Spill on Animas River.  One of the biggest national news stories this week, unfortunately, involved a catastrophic spill of contaminated water out of the Gold King Mine into the Animas River.  The spill of over… Read More →

Federal Judge Finds Idaho “Ag Gag” Law Unconstitutional

In a much anticipated decision from the United States District Court for the District of Idaho,  Idaho Code Section 18-7042, which is commonly referred to as an “ag gag law” (hereinafter “the Statute”) has been deemed unconstitutional, specifically violating the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. Background After a secret, undercover investigation by the animal rights group Mercy for Animals was released and showed abuse of cows at an Idaho dairy, a bill was introduced by several ag groups to criminalize… Read More →

August 7, 2015 Weekly Round Up

Last night I spoke at the Amarillo Ag Club meeting and really enjoyed the great discussion with everyone in the group!  To those of you new to the blog from that meeting, welcome!  Here are some ag law stories in the news this week. *  Idaho “Ag Gag” Law Held Unconstitutional.  A federal judge in Idaho has ruled the state’s “ag gag” law, which was passed last year to prohibit persons obtaining access to ag operations through false pretenses or recording ag operations without consent, violates the United… Read More →

June 5, 2015 Weekly Round Up

This week I gave two presentations via the internet to folks in San Angelo and in Jefferson County.  To those of you new to the blog from these presentations, welcome! It’s been another busy week in the agricultural law realm. *  Hays County Groundwater Bill on Governor’s Desk.  The Texas Legislature passed HB 3405, known as the  Hays County Groundwater Bill, sending it on to Governor Abbo[Read article here.]  As you likely recall from prior blog posts, Hays County finds itself in the middle of a groundwater battle… Read More →

May 15, 2015 Weekly Round Up

Last week, I found myself all over the state at various meetings.  I kicked things off in Ft. Worth, where I spoke on agricultural law at Annie’s Project.  Next up, I discussed wildlife leases at a program sponsored by the Texas Parks and Wildlife in Bonham.  Finally, I wrapped things up speaking at a Landowner Rights Seminar in College Station.  To those of you new to the blog from these presentations, welcome! Here are some of the ag law stories recently in the news. * Groundwater Continues in… Read More →