May 12, 2017 Weekly Round Up

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We’ve made it to Friday yet again!  Here are some of the legal issues in the news this week. * EPA seeks input from governors on revisions to WOTUS rule.  EPA Administrator Scott Pruitt sent a letter this week to the 50 state governors seeking input from them on the re-write of the WOTUS rule.  He noted the value and importance of local input when writing the new rule.  [Read article here.] * Federal judge dismisses legal challenge to North Carolina lawsuit over Property Protection Act.  A federal… Read More →

Panhandle District Awards Banquet

I was very humbled yesterday to be part of groups that won at the Texas A&M Agrilife Extension Panhandle District Banquet. Our Ranchers Leasing Workshop Team, made up of Austin Voyles, Fred Hall, Kim Garcia, Shannon Ferrell, Paul Goeringer, Rusty Rumley, and myself) won the Team Teaching Award for our programs last year.  As part of a grant from the Southern Extension Risk Management Education Center, we put on 5 leasing workshops in 3 states and wrote the Ranchers’ Agricultural Leasing Handbook.  After the success of these programs, we… Read More →

Syngenta Corn Litigation Update

There has been quite a bit of action recently in the litigation involving the Syngenta Viptera and Duracade corn.  Here is a quick update on where things stand at this point. Factual Background In 2010, Syngenta released these seed varieties, which were approved in the United States, but not in China.  In 2013, US corn shipments arrived in China and were rejected due to the presence of the MIR-162 trait found in Viptera and Duracade.  Shortly thereafter, US corn prices fell.  Farmers who did not plant the seeds have… Read More →

May 5, 2017 Weekly Round Up

Happy Cinco de Mayo to you all!  I hope everyone is having a great week.  Here are some of the ag law stories in the news. * Company cancels request for registration of Kaput feral hog pesticide in Texas.  Scimetrics, the company seeking registration in Texas for warfarin-based poison, Kaput, for use on feral hogs has withdrawn their request.  The company stated that due to pending and threatened lawsuits, they could not risk the “disruption of our business” at this time by seeking to proceed with this product… Read More →

DC Circuit Court: Farms Must Report Air Emissions, Exemption Unlawful

In April, a major decision came out of the United States Court of Appeals for the District of Columbia in the Waterkeeper Alliance v. Environmental Protection Agency case.  [Read the opinion here.]  Frankly, I’ve had to brush up on my federal environmental law in order to write this blog post, so forgive my delay in getting this up. Background Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Emergency Planning and Community Right-to-Know Act (“EPCRA”), both federal environmental laws passed in the 1980’s, parties must notify the… Read More →

April 28, 2017 Weekly Round Up

It’s an uncommon occurrence for me, but this week I’ve not been on the road!  I did make a presentation via internet technology to a great group of East Texas producers at the Select Beef Producers Meeting on Wednesday.  To those of you joining from that group, welcome! Here are a few ag law stories in the news this week. * President Trump Issues Executive Order “Promoting Agriculture and Rural Prosperity in America.”  On Tuesday, President Trump signed an executive order creating the “Interagency Task Force and Agriculture… Read More →

Ag Law in the Field Podcast

I am very excited to announce my newest project, a podcast discussing agricultural law titled, “Ag Law in the Field.” What the heck is a podcast?  Well, it’s sort of like a radio show that you can listen to on your phone or computer, rather than on the radio.  Each week, I will interview a guest about an agricultural law topic.  We’ll cover it all…in just our first few episodes we are talking “Waters of the United States,” advice for folks considering law school, family, and divorce law… Read More →

April 21, 2017 Weekly Round Up

It has been quite a busy few weeks around here, I apologize for the lack of round up posts.  Towards the end of March, I did an online presentation for folks out in Culberson County and then made my way to two great conferences, the Four States Forage Conference in Texarkana and the Texas & Southwest Cattle Raisers Association Convention in San Antonio.  So far in April, I’ve been burning up the road and made trips to an extension program in Snyder and a wonderful inaugural Women in… Read More →

Eminent Domain White Paper Published by TAMU School of Law

Students at the Texas A&M University School of Law recently published a white paper offering a survey of eminent domain laws in Texas and around the country.  This document, “A Survey of Eminent Domain Law in Texas and the Nation” was prepared by the students and presented to members of the Texas Legislature.  It is a very interesting paper, particularly in light of the eminent domain reform bills currently working their way through the Texas Legislature. It is a very interesting paper, particularly in light of the eminent… Read More →

Texas Fence Law Webinar – Recording Posted

For those of you who may have missed the Texas Fence Law webinar hosted a couple of weeks ago by the Texas and Southwestern Cattle Raisers Association, we’ve got you covered!  Stacy Fox was kind enough to record the presentation given by Jim Bradbury and me and it may be viewed by clicking here. I’d like to thank Stacy, Tim, and everyone at TSCRA for hosting this webinar and for their interest in our fence law book, Five Strands: A Landowner’s Guide to Fence Law in Texas To… Read More →