Questions from Tiffany’s Desk: Can I sell raw milk in Texas?

Question:  Can I sell raw (unpasteurized) milk in Texas? Answer:  I knew a question about raw milk would come across my desk one day, much to the enjoyment of my colleague and friend from Virginia Tech, Jesse Richardson, who is always emailing me about raw milk disputes around the country.  The answer to this question for folks in Texas is yes and no. Raw milk may be sold in Texas direction from the “point of production” directly to the consumer so long as the seller has obtained the… Read More →

Understand Your Right to Farm

kay dairy

I recently wrote an article for Dairy Herd Management magazine reminding producers of the important protections offered by state Right to Farm statutes.  While hopefully an operation never needs to use this statute to defend itself from a nuisance or trespass claim, being aware that these protections do exist and understanding the requirement for the state in which an operation is located is critical. To read the full article, click here.    

Merry Christmas and Happy New Year!

The Texas Agriculture Law Blog would like to wish you and yours a very Merry Christmas and a Happy New Year!   We look forward to being back in January to share more agricultural law information and happenings.  In the meantime, we are looking forward to the holiday break with our families. Thank you for your support!

Texas Agriculture Law Year in Review (Part II): Oil

Drill pad Bryan 2

Yesterday, we looked at some of the major events in Texas agricultural law for 2015 related to water.  Today, we will look at the major agricultural law events having to do with oil and gas. * Texas Legislature prohibits local oil and gas production bans in most circumstances.  After Denton residents passed a bill prohibiting fracking in city limits, the Texas Legislature responded with House Bill 40.  The Bill, which was passed and signed by Governor Abbott, intends to pre-empt any local efforts to regulate oil and gas production,… Read More →

Texas Agriculture Law Year in Review (Part I): Water

corn producers2

In addition to the national agriculture law happenings in 2015 (which we recapped in last weeks’ blog posts), this has been a busy year for agricultural law in Texas as well.  Conveniently, the key events can be separated into two categories:  Oil and Water.  Here are the water-related highlights. * Bragg takings decision will stand.  In May, the Texas Supreme Court declined to hear an appeal in Bragg v. Edwards Aquifer Authority, a groundbreaking groundwater law case in Texas.  This means that the opinion of the San Antonio Court of Appeals remains… Read More →

December 18, 2015 Weekly Round Up

kay harvest

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 →

2015 National Agriculture Law Year in Review (Part I)

Kay 5

As 2015 draws to a close, I thought it would be interesting to take a look back at the top agricultural law developments this year.  First, we will take a couple of posts to look at the national year in review, followed up by a look at the biggest Texas-specific happenings next week. From “Waters of the United States” to drones to GMOs to the United States Supreme Court, 2015 has been a busy year for agricultural law.  Here are the highlights. “Waters of the United States” regulation… Read More →

December 11, 2015 Weekly Round Up

Kay

We have reached another Friday!  This week I was on the road to speak at the Swisher County Ag Day on the top legal developments in 2015.  Thanks to John Vialba and Glenda Gibson for all their hard work to put on a great event and for inviting me to participate.  For those of you interested in that topic, stay tuned next week for a blog recapping the year in ag law!  To those of you joining the blog from the Swisher County Ag Day, welcome! Here are… Read More →

2015 Cash Rent Statistics Available

Marca Chopper

As they do each year, the USDA National Agriculture Statistics Service (“NASS”) has published the cash rent statistics for 2015.  The results are obtained by a survey of farmers conducted by NASS. Nationwide, the survey results are as follows: Pastureland: $14/acre (up $2.00 from 2014) Non-irrigated cropland: $133/acre (up $3.00 from 2014) Irrigated cropland: $209/acre (up $1.00 from 2014)   For Texas, the survey results are as follows: Pastureland:  $7.50/acre (up $1.00 from 2014) Non-irrigated cropland:  $29.00 (up $2.00 from 2014) Irrigated cropland:  $82.00 (down $5.00 from 2014)… Read More →