Category Archives: Endangered Species Act

March 6, 2015 Weekly Round Up

*  Farm Bill Deadlines Extended Until March 31.  Last week the USDA announced the extension of farm bill deadlines, making all decisions due by March 31.  [Read article here.]  Producers will be allowed to make three decisions in connection with the Farm Bill:  whether to reallocate base acres, whether to update yields, and then elect between two payment programs–ARC or PLC.  To read more about these decisions, click here. * Article Discusses Underground Trespass Issue.  You likely recall from this post that the Texas Supreme Court recently avoided… Read More →

Agriculutral Law: What To Watch in 2015

As everyone is recovering from the New Year celebrations and getting back to the grindstone, I thought it would be fun to highlight a few of the major ag law issues to watch in 2015. Water Disputes Unfortunately, this issue will likely top the list every year for the near future.  Across the country we are seeing more and more water-related disputes.  In addition to the issues outlined in my 2014 Year in Review post, there are two additional issues I think will be in the forefront this year. Water… Read More →

December 19, 2014 Weekly Round Up

This week I spoke to a full house at the Swisher County Ag Day in Tulia about Texas Water Law and the major ag law issues to watch in 2015.  Thanks to County Extension Agent John Villalba for the invitation and opportunity to speak.  To those of you joining the blog from Swisher County, welcome!  This is our last weekly round up post of the year!  I hope everyone has a wonderful holiday season. * 5th Circuit Refuses to Reconsider Aransas Project v. Shaw.  Earlier this week, the 5th Circuit… Read More →

Overview of the Endangered Species Act

The Endangered Species Act has been in the news on nearly a daily basis this year.  We have seen new listings of several animals under the Act, which will impact landowners, farmers and ranchers, the oil and gas industry, and others in the areas in which the listed animals live.  In light of this, I developed an Extension Fact Sheet that provides a brief overview of the Act.  My intent is to give people an idea of how the act works, the major provisions, and the options available… Read More →

November 21, 2014 Weekly Round Up

We made it to Friday!  Tomorrow I will be teaching my last law school class at the Texas A&M School of Law in Ft. Worth.  I have so enjoyed the opportunity to teach this class and was fortunate to have an absolutely outstanding group of students.  To those students visiting the blog, welcome and thanks for a great semester! Here are some of the ag law stories in the news this week. * Railroad Commission Finalizes New Disposal Well Safety Rule.  The Texas Railroad Commission has promulgated a new… Read More →

Utah Federal Court Imposes Limit on Endangered Species Act

A federal district judge in Utah issued an important opinion earlier this month.  The court struck down federal regulation of the Utah prairie dog pursuant to the Endangered Species Act, finding that the federal government lacked the power to regulate the prairie dog that is found only in the state of Utah. Background on Congressional Powers Now, for a brief Constitutional Law lesson.  The general rule is that the federal government is one of limited and enumerated powers, meaning they are given only those powers expressly enumerated by the United States… Read More →

October 10, 2014 Weekly Round Up

October is an exciting month for me and will be culminating in a couple of major changes.  I will be getting married at the end of the month! As a result of the upcoming nuptials, I will be transferring office locations.  I will still be working in my same role with Texas A&M Agrilife Extension as the state-wide Extension Agricultural Law Specialist, but I will be moving my base office to our Amarillo District Center.  It is a wonderful opportunity for my husband and I to live in the same… Read More →

October 3, 2014 Weekly Round Up

I spent a good part of this week at county Farm Bureau meetings visiting with Texas agricultural producers.  Last Saturday, I was in Longview, TX for the Gregg County Farm Bureau meeting where I spoke about current Hot Topics in Agricultural Law.  Many thanks to Glenn Richardson for the invitation.  On Wednesday evening I made the drive to Huntsville for the Walker County Farm Bureau meeting where we discussed water rights in Texas.  I appreciate Carl thinking of me and including me on the program.  Welcome to those… Read More →

September 12, 2014 Weekly Round Up

It’s been busy in the ag law world.  Here are a few of the stories and articles in the headlines over the last week. * Two Groundwater District Approaches, One Aquifer.  Neena Satija with the Texas Tribune wrote a great article discussing a controversy between Groundwater Conservation Districts managing the Corrizo-Wilcox aquifer in Central Texas.  The Post Oak Savannah GCD and the Lost Pines GCD both manage groundwater for counties overlaying the same aquifer.  Both, however, take different approaches to the permitting process.  These differing approaches have allowed water… Read More →

July 25, 2014 Weekly Round Up

It has been a warm, humid week here in Aggieland!  Here are a few ag law stories making the news recently. * Plaintiffs’ Attorney Explains Case Against Prius Audit Firm.  An attorney representing 46 plaintiffs who were injured or killed from a 2011 listeria outbreak traced to a cantaloupe farm in Colorado wrote a very interesting blog about the suits his clients have filed against the audit firm who gave the farm a superior rating in the days just before the tainted fruit was shipped.  The attorney discusses the facts, legal… Read More →