Category Archives: Federal Regulations

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 →

April 6, 2015 Weekly Round Up

Because of the Corpus Christi Court of Appeals opinion last week in TCEQ v. Texas Farm Bureau, the weekly round up blog for last Friday got pushed to today. Last weekend, I attended my first Texas & Southwest Cattle Raiser’s Conference in Ft. Worth.  I was honored to give three presentations on grazing leases and pipeline easements and had an absolute blast!  To those of you joining from the Convention, welcome! Here are some ag law stories in the news this week. * Texas Supreme Court Hears Chesapeake… Read More →

March 20, 2015 Weekly Round Up

Spring is in the air!  Hope you are all enjoying some warmer temperatures, and hopefully, some rain!  Here are some of the ag law stories in the news this week. *Briscoe County Will Not Become Part of High Plains Water District.  Despite a TCEQ recommendation that the High Plains Water District annex Briscoe County under its jurisdiction, the District Board voted unanimously not to do so last week.  Numerous Briscoe County residents spoke against the annexation, claiming they were perfectly happy being unregulated by a groundwater conservation district…. Read More →

September 26, 2014 Weekly Round Up

This week was another busy one as I was out and about speaking at programs in Austin, Huntsville, and Ozona.  Last Saturday, I was honored to be on a panel discussing the Future of Texas Agriculture at the Texas Tribune Festival in Austin.  It was a wonderful event and the other folks on the panel, Blair Fitzsimons, Rep. Tracy King, Sid Miller, and Jim Sartwelle were absolutely fantastic.  I appreciate Evan Smith’s invitation to participate in this event.  To view the live blog overview of our session, click… Read More →

August 8, 2014 Weekly Round Up

It has been another busy week for me.  On Monday I was in Dallas speaking at the noon meeting of the Dallas Agricultural Club, the oldest agricultural club in Texas (founded in 1925) on current hot topics in agricultural law.  It was a great group who asked wonderful questions.  On Wednesday I was able to speak during the Ag Business Management Section at the Texas A&M University Beef Cattle Short Course on pipeline easement negotiations.  This is my second year speaking at Short Course and once again I found… Read More →

May 16, 2014 Weekly Round Up

Last week I spoke to a group of landowners at the Western Navarro Bobwhite Recovery Initiative Spring Meeting in Blooming Grove.  Blake Alldredge planned a great meeting at a wonderful location and I enjoyed the opportunity to attend.  On Tuesday, I was in Simonton to present on leasing issues at the Upper Gulf Coast Ranch Exposition.  I appreciate all of the hard work that Greg Kaase put in to get this program put together and enjoyed the chance to visit with the producers.  To those of you joining from these presentations,… Read More →

EPA’s Proposed Rule Defining “Waters of the United States” Causes Controversy

*This article is not a substitute for the advice of an attorney.* In addition to my usual disclaimer, please not that I am not an expert on the Clean Water Act or the EPA’s regulations implementing the Act.  This blog is intended merely to highlight the current issue and provide basic information. The Environmental Protection Agency recently drafted a proposed rule defining “waters of the United States” with regard to its interpretation of the Clean Water Act.  This proposed amendment has caused a great deal of controversy. The Clean Water… Read More →

April 11, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* I hope everyone had a fantastic week and has fun plans for the weekend!  This week I traveled out to Brownwood, Texas on Tuesday to give a presentation on agricultural leases, eminent domain, and pipeline easements.  A big thank you to Brown County Extension Agent Scott Anderson for putting this program together.  I enjoyed the chance to visit with several local landowners during and after the program, so welcome to those of you joining us from Brown… Read More →

Lesser Prairie Chicken Listed as “Threatened” Under Endangered Species Act

*This article is not a substitute for the advice of an attorney.* (Sorry for the interruption in our Eminent Domain in Texas series, but this was important news that we needed to cover.  We will return to our Eminent Domain in Texas series with the final post next week.) Last week, the United States Fish and Wildlife Service announced that it would list the lesser prairie chicken as “threatened” pursuant to the federal Endangered Species Act.  This listing–a step below a listing of endangered–will afford protection to the… Read More →