BREAKING NEWS: TX and NM Supreme Court Rulings Impact Agriculture

Agrilife Extension

Well it turned into a busy week for ag law right at the last minute and after I posted the weekly round up.  Major actions from the Texas and New Mexico Supreme Courts that have major impacts on the agriculture industry in both states. First up, the Texas Supreme Court will NOT hear the appeal in Texas Farm Bureau v. Texas Commission on Environmental Quality.  This case arose during the drought of 2012 when there was a shortage of water on the Brazos River.  Dow Chemical had a 1942 water right… Read More →

February 19, 2016 Weekly Round Up

Texas A&M Agrilife Extension photo by Robert Burns

Happy Friday!    Before we get started, one last reminder of the Oil and Gas Leasing Seminar we will be putting on on Monday from 9-12 noon in College Station at the Hildebrand Equine Center (3240 F&B Road, College Station).  There is no required registration, no fees, and we will have parking passes for everyone.  So feel free to join us! Here are some of the agricultural law issues in the news recently. * Bragg case back in court.  The high-profile Texas water law case, Bragg v. Edwards Aquifer Authority, is… Read More →

SCOTUS Watch 2016: US Army Corps of Engineers v. Hawkes

Supreme Court Building

Today we will kick off a two-part blog series titled SCOTUS Watch.  In this series, we will look at cases before the United States Supreme Court this term that will have an impact on agriculture.  Two cases will be heard this term, one involving the Clean Water Act and the other regulatory takings.  Let’s get started. The United States Supreme Court has agreed to consider US Army Corps of Engineer v. Hawkes Co., an important Clean Water Act (CWA) case.  This case involves a topic much discussed recently–“waters of… Read More →

February 12, 2016 Weekly Round Up

SAEA

I kicked off the week at the Southern Agricultural Economics Association meetings in San Antonio.  Fellow ag lawyers Paul Goeringer, Ashley Ellixon, and I presented on undercover videos and private property rights at the meeting.  We enjoyed some great discussion from attendees about a variety of issues facing agriculture! * Big Data: Big Potential, Big Problems.  Big data has been a hot topic of conversation in agriculture for the last couple of years.  [Read prior Big Data blog series here.]  As we see more and more data collection… Read More →

Just in Time for Valentine’s Day: Do Farm Kids Need a Pre-Nup?

wedding rings

Valentine’s Day is right around the corner (Sunday for those of you who are now in a panic realizing you have some shopping to do) and I thought that a nice romantic discussion about prenuptial agreements would be a fitting way to celebrate the holiday. Oftentimes, people think of prenups being for rich celebrities with millions of dollars in the bank and marriages that seem destined to fail.  The sad truth, however, is that divorce can strike farm couples just like any other and when that happens, it can… Read More →

February 5, 2016 Weekly Round Up

Marca - Equipment

Yesterday I enjoyed the chance to attend and present the keynote address at the High Plains Irrigation Conference in Amarillo.  Thanks to Dr. Dana Porter for the invitation and welcome to those of you new to the blog from the conference. It was a rather slow week in the agricultural law realm, but here are a few stories in the news recently. * Oil and Gas Leasing Program Set for College Station.  Shannon Ferrell and I will be putting on a FREE oil and gas leasing workshop in College… Read More →

Texas Agritourism Act

As was briefly mentioned in this prior legislative recap post, Texas now has a new statute offering liability protection for agritourism operations.  The Act, carried as SB 610 and now codified as Texas Civil Practice and Remedies Code Chapter 75A, offers important protections of which landowners need to be aware.   The statute provides that an “agritourism entity” is not liable to any person for injury or damages to an “agritourism participant” if: (1) the required signage is posted; or (2) a written agreement containing required language is obtained. Let’s… Read More →

January 29, 2016 Weekly Round Up

Baracho

Happy Friday!  Last week I made the drive to Muncy, Texas for the Caprock Crops Production Conference to chat about hot topics in agricultural law.  There was a great turn out and excellent questions, which always makes a presentation more fun.  Kudos to county extension agents Caitlyn Jackson and Cristen Brooks on a great conference.  To those of you joining the blog, welcome! Here are some ag law stories in the news this week. * Texas database to identify entities with eminent domain power.  Last term, the Texas… Read More →

Drones & Privacy (Part II): Texas Privacy Act

Kay

Today we continue with Part II of our Drones and Privacy series by reviewing the Texas Privacy Act.  If you missed Part I, click here. In the absence of federal regulations regarding drones and privacy, states have been left to draft their own legislation.  Thus far, only about 13 states have drone privacy laws on the books.  Texas passed its own law, the Texas Privacy Act (Texas Government Code 423), in 2013.   [View full statute here.]  According to the bill’s sponsor, Lance Gooden, the bill was passed… Read More →

January 22, 2016 Weekly Round Up

_MG_9847

We’ve survived another week!  This was not a particularly busy week for ag law, with the exception of the WOTUS issue, where the drama moved to the White House and only continues.  Check it out. * US Congress Passes Joint Resolution to Nullify EPA’s New WOTUS Rule, Obama Vetoes.  The House and Senate passed a Joint Resolution stating that the EPA/Corps of Engineers new regulation defining “waters of the United States” “shall have no force or effect.”  This would essentially maintain the status quo regarding the WOTUS definition… Read More →