Category Archives: Federal Regulations

September 11, 2015 Weekly Round Up

Here are a few of the major ag law stories in the news this week. * Texas Supreme Court Will Consider City of Lubbock v. Coyote Lake Ranch. Last Friday, the Texas Supreme Court granted Coyote Lake Ranch’s petition for review in this important water law case that asks whether the accommodation doctrine should be applied to groundwater.  Lower courts split on this issue, with the trial court issuing a preliminary injunction in favor of Coyote Lake Ranch, which was overruled by the Amarillo Court of Appeals, which held… Read More →

September 4, 2015 Weekly Round Up

Here is the first weekly round up of September!  The year is really flying by!  Here are some ag law stories in the news this week. *  Is New “WOTUS” Rule In Effect in Texas?  As you read last week, a North Dakota federal judge issued an injunction in a case brought by 13 states, prohibiting enforcement of the EPA’s new “waters of the United States” rule.  After the decision, all sides were claiming victory.  All sides agree that in the 13 states (including New Mexico) party to… Read More →

The Clean Water Act and Agriculture: The Basics

The “waters of the United States” controversy has been a hot button issue in the agriculture industry for over a year now.  It’s showing no signs of slowing down.  But many people fail to understand that there is more to this issue than the definition of “waters of the United States.”  For example, even if a stream running across one’s property is deemed a “water of the United States” under the EPA’s new rule, that does not mean the landowner must obtain a permit in order to conduct… 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 →

July 10, 2015 Weekly Round Up

We’ve made it to another Friday!  Here are some of the interesting ag law stories in the news this week.  Also, for those of you on Twitter, be sure to follow me @Tiff Dowell for more ag law news throughout the week! * Oklahoma Supreme Court Allows Suits by Property Owners Against Oil and Gas Companies for Earthquakes.  An Oklahoma property owner who claims her home was damaged due to an earthquake she claims was caused by a saltwater disposal well can pursue her legal claim  against numerous… Read More →

June 12, 2015 Weekly Round Up

This week I was back on the road for two presentations.  On Monday evening, I spoke on groundwater rights and ownership in Grayson County.  On Tuesday morning, I discussed important laws for agricultural producers to be aware of in Navarro County.  Both crowds were great and made the programs a lot of fun for me!  Thanks for County Extension Agents Chuck Jones and Page Bishop for organizing.  Welcome to the new blog readers from these programs! *  Free Immigration and Farm Labor Webinar.  The University of Maryland is… 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 29, 2015 Weekly Round Up

This week I spent a couple of days in Lubbock at the 9th Annual John Huffaker Agricultural Law Course, held on campus at the Texas Tech School of Law.  As always, it was a fantastic conference.  Kudos to organizers David Waggoner and Trace Blair for their hard work.  All ag attorneys should try to attend next year!  Stay tuned for some blog updates on what we discussed coming soon. Here are some major ag law stories in the news this week. *  EPA Releases Final WOTUS Rule.  The… Read More →

Washington Court Holds Manure Subject to Federal Regulation, Parties Agree to Settle

A couple of months ago, I wrote an article for Dairy Herd Management magazine discussing an important court decision in Washington that could have wide-ranging implications on agriculture. Community Association for Restoration of the Environment v. Cow Palace, LLC, was filed by two environmental groups (Community Association for the Restoration of the Environment and the Center for Food Safety) against a Washington state dairy.  The Cow Palace Dairy ran a herd of 11,000 cows in the Lower Yakima Valley of Washington.  A decision was issued in January by the… Read More →

April 10, 2015 Weekly Round Up

Yesterday found me in Menard, Texas talking to local landowners about hunting leases.  Thanks to Lisa Brown for the invitation and welcome to those of you joining the blog from that presentation! Here are some of the ag law stories in the news this week. * Midland County to Purchase Land for Groundwater Rights.  Midland County officials recently approved the purchase of land to secure additional groundwater for the county.  [Read article here.] * USDA Proposes Modifications to “Actively Engaged in Farming” Definition.  The USDA has proposed changes to… Read More →