Category Archives: Federal Regulations

Unanimous Victory in United States Supreme Court for Landowners

Last week, Chief Justice Roberts wrote a unanimous opinion in the case United States Army Corps of Engineers v. Hawkes, holding that landowners do have the right to challenge jurisdictional determinations by the EPA that water on their lands is governed by the Clean Water Act.  This decision is extremely important for landowners across the country.  [Read full opinion here.] Background The full factual background of this case was set forth in this prior blog post.  Essentially, the Corps of Engineers (COE) determined that waters on land owned by… Read More →

Case Looks at Winter Grazing and NPDES Permit Requirement

Like many other agricultural operations, my family grows crops and raises livestock.  When I learned of a case decided last year by the Minnesota Supreme Court that addressed whether farms like my own family’s would be required to obtain a federal NPDES permit in order to graze livestock on our fields, I was very interested and concerned.  Today, we will take a look at this issue in In the Matter of Reichmann Land and Cattle, LLP.  This case offered interesting insight into the issue of whether winter grazing of… Read More →

April 1, 2016 Weekly Round Up

This week found me in west Texas speaking at county extension meetings in Reagan, Coke, and Upton Counties.  Many thanks to county extension agents Chase McPhaul, Morgan Runyan, and Raymond Quigg for the invitations.  Welcome to those of you new to the blog from these programs.  Here are some of the ag law stories in the news this week. * US Supreme Court Hears Argument in Hawkes Clean Water Act Case.  This week, oral argument was held in an important Clean Water Act case at the United States Supreme… Read More →

SCOTUS Watch 2016: US Army Corps of Engineers v. Hawkes

Today we will kick off a two-part blog series titled SCOTUS Watch.  In this series, we will look at cases before the United States Supreme Court this term that will have an impact on agriculture.  Two cases will be heard this term, one involving the Clean Water Act and the other regulatory takings.  Let’s get started. The United States Supreme Court has agreed to consider US Army Corps of Engineer v. Hawkes Co., an important Clean Water Act (CWA) case.  This case involves a topic much discussed recently–“waters of… Read More →

January 29, 2016 Weekly Round Up

Happy Friday!  Last week I made the drive to Muncy, Texas for the Caprock Crops Production Conference to chat about hot topics in agricultural law.  There was a great turn out and excellent questions, which always makes a presentation more fun.  Kudos to county extension agents Caitlyn Jackson and Cristen Brooks on a great conference.  To those of you joining the blog, welcome! Here are some ag law stories in the news this week. * Texas database to identify entities with eminent domain power.  Last term, the Texas… Read More →

January 22, 2016 Weekly Round Up

We’ve survived another week!  This was not a particularly busy week for ag law, with the exception of the WOTUS issue, where the drama moved to the White House and only continues.  Check it out. * US Congress Passes Joint Resolution to Nullify EPA’s New WOTUS Rule, Obama Vetoes.  The House and Senate passed a Joint Resolution stating that the EPA/Corps of Engineers new regulation defining “waters of the United States” “shall have no force or effect.”  This would essentially maintain the status quo regarding the WOTUS definition… Read More →

Veterinary Feed Directive – What You Need To Know

Major changes to how producers can purchase many medicated feeds are on the way under the new Veterinary Feed Directive rule, passed by the FDA.  Three significant changes are coming: (1) many drug labels are currently being modified by limiting the drug’s use to therapeutic, rather than production uses; (2) all “medically important” antimicrobial drugs used in feed will no longer be “over the counter”; and (3) a veterinarian must complete a VFD form before a producer can purchase certain medicated feeds that fall under the definition. I… Read More →

January 8, 2016 Weekly Round Up

Happy  New  Year!  I hope you all had a wonderful holiday and are ready to tackle 2016. I kicked off my year speaking to a great group of folks at the Blacklands Income Growth Conference in Waco on Tuesday.  I had an absolute blast discussing agricultural law issues and answering great questions from the audience.  To those of you joining us from the BIG Conference, welcome! Here are some of the ag law stories that have been in the news recently. * Big Bend Pipeline Project Closer To… 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 II)

Today we continue in our review of national agricultural law developments in 2015.  If you missed Part I of this series, click here. EPA Revokes Approval for Suloxaflor and Enlist Duo.  Just a few weeks ago, the EPA announced it would revoke approval for suloxaflor (active ingredient in Transform) and withdraw its approval for the Enlist Duo.  Both were a result of litigation filed by environmental groups challenging the approval of these products.  Dow Chemical has stated it is confident that the EPA’s concerns can be addressed quickly… Read More →