Category Archives: Weekly Round Up

September and October Round Up (Part 2)

Today we continue our recap of important ag law stories that made the news in September and October.  If you missed Part 1 of this series, click here. Court of appeals affirms dismissal of nuisance suit against oil and gas company.  Landowners who filed a nuisance suit against Marathon Oil for odors, fumes, and dust related to oil production near their home were defeated in the San Antonio Court of Appeals earlier this month.  The Court held that the plaintiffs failed to prove causation between Marathon’s oil and gas production… Read More →

September & October Round Up (Part 1)

Hello!  I am back in the saddle again after spending some time on maternity leave.  Thank you all so much for your kind wishes for our little family. During middle of the night feedings, I’ve managed to stay up to date on what’s been happening in the ag law world.  Here are some of the top stories from the last two months. WOTUS rule stayed nationwide, cases will not be consolidated.  As you previously read, the United States Court of Appeal for the Sixth Circuit has issued a… Read More →

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 →

August 28, 2015 Weekly Round Up

Hard to believe we have reached the end of August!  Here are some of the ag law stories in the news this week. * Waters of the United States:  Where Are We Now?  I recently wrote an article for Progressive Cattleman Magazine discussing where things currently stand with the “Waters of the United States” controversy involving the EPA’s new rule defining the scope of the federal Clean Water Act.  To read the article, click here.  Just yesterday, a North Dakota federal judge issued a temporary injunction preventing the… Read More →

August 14, 2015 Weekly Round Up

Last Friday I visited with a group of West Texas landowners at the Permian Basin Oil and Gas Conference.  Thank you all for your great questions and for those of you new to the blog, welcome!  Here are some ag law stories in the news this week. * EPA To Blame for Catastrophic Spill on Animas River.  One of the biggest national news stories this week, unfortunately, involved a catastrophic spill of contaminated water out of the Gold King Mine into the Animas River.  The spill of over… 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 24, 2015 Weekly Round Up

It’s been a beautiful week here in the Texas Panhandle!  Here are some ag law stories making headlines this week. * Missouri Suing USDA Over Crop Insurance Deadline.  On Wednesday, Missouri filed suit against the USDA, seeking the delay of a reporting deadline related to crop insurance. [To view the Complaint, click here.] Due to recent rains and flooding, it is estimated that 60% of Missouri farmers did not have their crop planted by the deadline, which is required in order to file acreage reports necessary to obtain… Read More →

July 17, 2015 Weekly Round Up

It’s time for another quick rundown of ag law stories in the news this week.  Enjoy! *  Texas Supreme Court Will Not Hear Appeal in Ecom USA, Inc. v. Clark.  This means that the Amarillo Court of Appeals opinion in the case–remanding the case to the trial court for more factual development on the question of whether an arbitration clause in a cotton contract was enforceable–will stand.  To read my analysis of the Court of Appeals’ opinion, click on this prior blog post. *  Tensions High Regarding Pipeline Project to… 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 →