Category Archives: United States Supreme Court Decisions

July 3, 2015 Weekly Round Up

Happy July to everyone!  Yesterday, I participated in the Texas Range Webinar Series and gave a presentation on water law.  We had a great turn out for the webinar and fantastic questions! To those of you joining us from the webinar, welcome! The month kicked off with a bang as far as ag law in the news is concerned.  Here are some of the key stories making news this week. * TCEQ Files Petition for TX Supreme Court Review in Surface Water Case.  The TCEQ is seeking review… Read More →

June 26, 2015 Weekly Round Up

It was a busy week for ag law!  In addition to the United States Supreme Court’s decision in the “raisin case” (read my summary here in case you missed it), here are some of the other ag law stories in the news this week: *United States Supreme Court Will Not Hear Appeal in Whooping Crane Case.  The US Supreme Court has denied a petition for certiorari filed by The Aransas Project seeking review in “the whopping crane case” as it has become known.  The case involved a claim… Read More →

United States Supreme Court Finds for Raisin Farmers in Takings Case

It is not that often that an agricultural law issue is before the United States Supreme Court.  Yesterday, however, the Court sided with raisin farmers who claimed that a government ag marketing order constituted a taking of their private property for which just compensation was owed.  [Read full opinion here.] Factual Background This case involves a claim by the Horne family against the United States Department of Agriculture.  The Hornes are raisin farmers and raisin growers in California.  In addition to raising their own raisins, they serve as sort… Read More →

February 27, 2015 Weekly Round Up

Happy Friday!  Last week I was in Washington, DC speaking at the USDA Outlook Forum.  It was a great conference and I enjoyed the opportunity to participate!  A special thank you to Shayle Shagam and David Anderson for inviting me to speak. Here are a few ag law stories in the news this week. *  Denton Fracking Cases With Both Be Heard in Denton County.  After Denton voters passed a ban on fracking within city limits last November, two lawsuits were filed challenging the ban.  The Texas Oil and Gas Association… Read More →

Seed Saving Law: What Farmers Need to Know

I recently wrote an article for Progressive Forage Grower magazine providing an overview of seed saving law in the United States.  This is a legal issue that farmers need to understand and ensure they follow to avoid costly fines and litigation. Bowman v. Monsanto In 2012, an Indiana farmer, Vernon Hugh Bowman, found himself before the United States Supreme Court in a battle over his planting soybean seeds on his 65 acre farm.  The seeds he planted were produced by Monsanto and genetically modified to survive the spraying… 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 →

July 18, 2014 Weekly Round Up

This week we have an interesting mix of ag law in the news. *Augustin Plains Ranch LLC Files Another Water Use Application in New Mexico.  Augustin Plains Ranch LLC has filed another application to drill 37 wells and pipe 17 million gallons of water per year from rural western New Mexico to the Bernalillo County.  A similar proposal was rejected by the State Engineer in 2012 finding it too broad and too vague.  Numerous ranchers, landowners, environmental groups, and irrigation districts opposed the application in 2012–one of the most contested applications in New Mexico history–fearing… Read More →

November 22, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** This week I was able to speak to two different groups on ag law issues.  On Monday, I was in Waxahachie, Texas speaking with folks at the Ellis County Beef and Forage Producer Meeting about agricultural leases.  Over the last two weeks, I have also been guest lecturing for Professor Fred Boadu’s undergraduate ag law course here at Texas A&M.  Welcome to the new readers from the meeting and the class!  Here is a look at… Read More →

October 11, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** Thank you all for your comments and emails on the Surface Water Issues blog that was posted earlier this week.  These are major issues that are important not only to agriculture in Texas, but to all people nationwide. To wrap up the week, here is a list of a few ag law stories making news this week.  Have a great weekend!   (First)  A group of animal rights activists, including PETA and the Animal Legal Defense… Read More →

October 4, 2013 Weekly Round Up

**This article is not a substitute for the advice of an attorney.** I spent this week traveling across Texas for various presentations and meetings.  I enjoyed the chance to speak to the Texas Chapter of the American Society of Farm Managers and Rural Appraisers in Wichita Falls  about current water legislation and litigation on Monday and to a group of landowners in Jack County about eminent domain and pipeline easement negotiations on Tuesday evening.  To those of you who are new to the blog from those events, welcome! … Read More →