Category Archives: Water Law

March 4, 2022 Weekly Round Up

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Happy Friday!  There have been a number of agricultural law stories in the news over the past couple of weeks. *Texas Supreme Court hears oral arguments in Hlavinka v. HSC Pipeline Partnership.  The Texas Supreme Court recently heard oral arguments in an important eminent domain case analyzing what a pipeline must show in order to claim common carrier status and the ability of a landowner to testify regarding other pipeline easement values.  To read my summary of the court of appeals’ decision being reviewed by the Supreme Court, click… Read More →

Who Determines Ownership of Water Rights in Texas?

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The Texas Supreme Court will hear oral arguments on March 24, 2022 in Pape Partners, Ltd. v. DRR Family Properties LP, a case posing the question of who determines ownership of water rights in Texas, the courts or the Texas Commission on Environmental Quality? Background In 2014, the Papes purchased farmland. As part of the purchase, sellers conveyed surface water rights to the Papes.  The Certificates of Adjudication for the surface water rights was originally in 1986 as part of a judgment in a lawsuit under the Texas Water… Read More →

WOTUS Update: Another year, another definition

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As we have for the past five years in a row, Shannon Ferrell and I recently authored an article for Southwest Farm Press providing an update on the current status of the meaning of “waters of the United States.  To hear our thoughts on where we are now, click here.  Jim Bradbury and I discussed this exact topic on our most recent Ag Law in the Field Podcast episode, which you can find here. Also, since our article was written, the United States Supreme Court has granted a… Read More →

February 4, 2022 Weekly Round Up

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Happy Friday from the cold, snowy Texas Panhandle.  Here are a few of the ag law stories in the news over the past couple of weeks. *United States Supreme Court to review Sackett v. EPA.  The US Supreme Court has agreed to hear arguments in Sackett v. EPA in order to answer a very important question under the Clean Water Act:  What is the proper tests for courts to use in determining whether a wetland is considered a Water of the United States?  The US Court of Appeals for the… Read More →

2021 Ag Law Year in Review – National

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Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

United States Supreme Court Dismisses Mississippi v. Tennessee Groundwater Lawsuit

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The United States Supreme Court recently issued a unanimous opinion in an ongoing groundwater dispute between Mississippi and Tennessee.  [Read Opinion here.] I wrote a blog post detailing this decision for the National Agricultural Law Center.  To read my summary of the dispute, description of the Opinion, and thoughts about what this means from here, just click here to read that post.

December 3, 2021 Weekly Round Up

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Happy December!  There has been a lot of agricultural law news over the past few weeks, so here are some of the biggest stories impacting agriculture. *Texas Supreme Court denied petition for review in Lyle v. Midway Solar.  Earlier this year, the El Paso Court of Appeals dismissed a lawsuit filed by mineral owners against a solar company for building a solar farm on the property.  The court held that the accommodation doctrine would apply, but that because the mineral owner had not sought to actually develop the minerals,… Read More →

October 8, 2021 Weekly Round Up

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It has been a busy week with agricultural law news coming in from across the country!  Let’s get caught up on some of the biggest stories in the news. *Texas federal court dismisses COVID-19 negligence lawsuit against Tyson. The US District Court for the Eastern District of Texas dismissed a lawsuit employees brought against Tyson Foods claiming Tyson was negligent  in the safety measures put in place at their facilities, which caused the plaintiffs to contract COVID-19.  The court found these claims were preempted by the Poultry Products… Read More →

Waters of the United States Update

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For those of you following along with the ongoing saga surrounding the definition of “waters of the United States” pursuant to the Clean Water Act, there have been several recent rulings and happenings of which you will want to be aware. Background  The Clean Water Act, passed in 1972, gave federal jurisdiction to the Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) over “waters of the United States.”  Essentially, a person who wishes to do certain activities in a water of the United States—such as point… Read More →

August 13, 2021 Weekly Round Up

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It is time for another recap of some of the key agricultural law stories in the news over the past couple of weeks. * Court orders Maui County to obtain NPDES permit for injection wells on remand.  You all likely remember the US Supreme Court decision in County of Maui v. Hawaii Wildlife Fund, in which the US Supreme Court held that NPDES permits are required for both direct discharges into waters of the United States and for indirect discharges that are the functional equivalent of a direct… Read More →