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  Scimetrics, the company seeking registration in Texas for warfarin-based poison, Kaput, for use on feral hogs has withdrawn their request.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 →

Questions from Tiffany’s Desk: What can I do to stop my neighbor from spraying my property?

Question:  What can I do to stop my neighbor or a crop duster from spraying my property? Answer:  Unfortunately, applications of various pesticides can result in drift and damage neighboring property owners.  In the event this happens, it is important for a neighbor to know what steps may be available to remedy the situation. First and foremost, the neighbor who is suffering drift should document any evidence, including taking photographs or samples of damaged crops or foliage, documenting wind speed, direction, temperature, and getting statements from any witnesses… Read More →

Tenth Circuit Holds Endangered Species Act Applies to Purely Intrastate Animals

The United States Court of Appeals for the Tenth Circuit has reversed a lower court decision and held that the Endangered Species Act is applicable to the Utah prairie dog, despite the animal being found only within the State of Utah.  Obviously, this decision is disappointing for landowners and private property advocates. The Endangered Species Act Passed in 1973, the ESA seeks to conserve endangered and threatened species of plants and animals and the ecosystems on which they depend.  Under the Act, species may be listed as either… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part II)

If you missed Part I of this series, click here. Whether you intend to plant Enlist Duo or XtendFlex cotton or soybeans or not, the issue of physical drift is important to all of us involved in agriculture.  For producers who do elect to utilize these crop systems, it is critical to ensure that applications are made with the utmost care to avoid any drift or inadvertent application issues.  For neighboring landowners who are not planting the new seeds, understanding their rights is also important. For Both producers… Read More →