Landowners Should Play Closer Attention To Grazing Leases

Recently, I spoke at the Cattle Trails Cow-Calf Conference in Wichita Falls to a full house of cattlemen and cattlewomen about the importance of drafting grazing leases.  Jennifer Latzke, a reporter with the High Plains/Midwest Ag Journal was in attendance and drafted a great article discussing this issue. Landowners Should Pay Closer Attention To Grazing Leases Jennifer Latzke, High Plains/Midwest Ag Journal Handshake deals are one of the hallmarks of the Western rancher. But, lawyer Tiffany Dowell-Lashmet has seen how handshake deals and verbal agreements can fall apart when… Read More →

January 8, 2016 Weekly Round Up

Supreme Court Building

Happy  New  Year!  I hope you all had a wonderful holiday and are ready to tackle 2016. I kicked off my year speaking to a great group of folks at the Blacklands Income Growth Conference in Waco on Tuesday.  I had an absolute blast discussing agricultural law issues and answering great questions from the audience.  To those of you joining us from the BIG Conference, welcome! Here are some of the ag law stories that have been in the news recently. * Big Bend Pipeline Project Closer To… Read More →

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 →