Preparing Farmers & Ranchers for the Evolution of Carbon Markets – Resources

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Dr. Jordan Shockley, Casey Matzke, and I have been working hard to develop a library of carbon-related resources through grant funding from the Southern Extension Risk Management Education Center. In particular, our publications focus on what changes we are seeing in carbon markets, and what producers and landowners need to know going forward.  Whether you are someone who has already entered into a soil carbon contract, or someone who aims to stay far away from them, this information will be helpful in understanding the current situation regarding carbon… Read More →

Recent Interviews & Articles

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I’ve been able to give a number of interviews recently on a whole host of ag law-related topics.  We’ve covered some really important issues like getting documents in writing, succession planning, and mental health.  I thought it might be fun to share a few of those interviews today. Beyond the Handshake: 6 Legal Documents that Matter I enjoy any chance to chat with Shelley Huguley at Southwest Farm Press.  We caught up earlier this year at the Plains Cotton Growers Annual Meeting where we talked about my presentation. … Read More →

July 3, 2025 Weekly Round Up

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Happy Independence Day to all!  We hope you all have an enjoyable holiday. We’re here to recap some of the biggest ag law stories in the news over the past few weeks.  Let’s get started! * Texas Supreme Court decides Cactus Water Services v. COG Operating.  The biggest news in Texas has to be the Court’s decision regarding produced water.  This case asked the question of whether produced water–water that is extracted with oil and gas production–belongs to the surface owner or the mineral lessee. The Court held that… Read More →

Texas Supreme Court: Produced Water Conveys to Mineral Lessee

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The Texas Supreme Court ruled last week in Cactus Water Services, LLC v. COG Operating, LLC. [Read Opinion here.]  This opinion is extremely important for all Texas landowners as it was the first time the Supreme Court weighed in on who owns produced water in Texas. Background This case involves 37,000 acres of land in Reeves County. Mineral Leases and Production COG Operating acquired four mineral leases from two surface owners for the land.  The leases granted COG the right to explore, produce, and keep “oil and gas” or… Read More →

New Fact Sheet: Key Legal Considerations for any Carbon-Related Agreement

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We recently published a fact sheet on the key legal considerations producers and landowners should keep in mind before entering into any type of carbon-related agreement. The carbon market is changing and evolving, and it is critical to carefully review, analyze, and understand every term in an agreement.  As with many contracts, the cliche “the devil’s in the details” is often true with carbon-related agreements. This fact sheet walks through ten key issues everyone should consider before signing their name on the dotted line of a carbon agreement. … Read More →

How To Find an Agricultural Lawyer

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“How do I go about finding an agricultural lawyer?” This is a question I am commonly asked by rural landowners and agricultural producers across the country.  While there is no single list or database to turn to, there are a few resources to help.  We have compiled these resources and suggestions in a new fact sheet.  You can download the fact sheet for free here. Also, do keep in mind a couple of key considerations when selecting any attorney.  First, make sure the attorney is licensed in your… Read More →

June 6, 2025 Weekly Round Up

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We’re back with a host of news and information related to agricultural law around the country. * Texas A&M AgriLife hosting webinar on New World Screwworm.  There have been a lot of questions and concerns about the New World Screwworm.  Texas A&M AgriLife Extension will host a free webinar on Monday, June 9 at 10 am CST.  [More info here.]  AgriLife also released a fact sheet on this issue.  [View fact sheet here.] *US Fish and Wildlife Services seeks Voluntary Vacatur in Lesser Prairie Chicken lawsuit.  You may… Read More →

New Resource Available: Landlocked Property Law in Texas Fact Sheet

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We’re excited to announce the release of a new fact sheet designed to help Texas landowners, agricultural producers, and rural residents better understand a common and often confusing issue—landlocked property. Photo by Karli Kaase What Is Landlocked Property? A landlocked property is one that has no legal access to a public road. This situation is more common than many might think, particularly in rural Texas. Whether the result of an old subdivision, a partition among heirs, or the sale of interior tracts, landlocked parcels can raise serious questions… Read More →

Case Illustrates Difficulty of Proving Easement by Necessity

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The Austin Court of Appeals recently issued a decision in #1STR, LLC v. White, a case that illustrates the difficulty landowners face in proving the existence of an easement by necessity.  [Read Opinion here.] Background The White’s owned land in Bastrop County, which they partitioned into 10 tracts, one for each of their 10 children, in 1948.  Once partitioned, the ten tracts were laid out as shown below: Harry White owns Tract No. 7, shaded in the photo above. In 2021, CTX4R bought Tract No. 4 and subdivided it… Read More →

Texas Supreme Court Rules Surface Owner Owns Pore Space Beneath Land Absent Agreement Otherwise

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The Texas Supreme Court issued an important opinion last week in Myers-Woodward, LLC v. Underground Services Markham, LLC.  [Read Opinion here.] This case answers the pressing legal issue of who owns the pore space beneath land in Texas.  Given advances in technology that now enable oil and gas to be stored in such pore space, the answer to this question has real world implications and economic consequences. Background Myers-Woodward, LLC (“Myers”) owns 160 acres in Matagorda County. 1947 Mineral Deed In 1947, prior to Myers owning the property, the… Read More →