July 10, 2020 Weekly Round Up

Happy Friday!  We are looking at a high of 108 today in the Texas Panhandle.  I hope you are all staying cool and healthy. Here are some of the agricultural law stories in the news over the past week. *Texas Wildlife Association Annual Convention available online.  The Texas Wildlife Association has curated a wonderful annual convention and has posted every session online, available to anyone, for free!  This includes my 30 minute presentation on landowner liability, which you can watch by clicking here. *USDA seeks comment on potential… Read More →

Texas Supreme Court Holds Farm Animal Liability Act Inapplicable to Ranchers & Ranch Hands

The Texas Supreme Court issued a divided opinion on a case involving the death of a ranch employee and determined the Farm Animal Liability Act does not apply to “ranchers and ranch hands.”  This interpretation limits the scope of the Act and is important for livestock owners to be aware of. [Read full opinion here.] Background The Waaks raise Charolais cattle in Fayette County.  In 2005, they hired Raul Zuniga to work part time with the cattle, landscaping, and cutting hay.  In 2008, he began working full-time for… Read More →

July 3, 2020 Weekly Round Up

Happy Independence Day!  I hope everyone has a safe and enjoyable holiday.  Here are a few of the ag law stories in the news over the past couple of weeks. *Dicamba update.  As you recall from this prior post the United States Court of Appeals for the Ninth Circuit issued an order vacating registrations for three over-the-top dicamba products for soybeans and cotton.  Shortly thereafter, the Environmental Protection Agency issued a cancellation order, which allowed certain existing stocks to be used through July 31.  [Read blog post on… Read More →

So Many New Opinions!

Over the last month, there have been a large number of agricultural-related opinions released here in Texas.  I plan to blog on each of these individually, but many of you have asked for some basic information about several of the opinions.  Today, I will be giving brief summaries of the cases and links to read the full opinions for those of you who may be interested in doing so.  Stay tuned over the next couple of months to see much deeper dives into the decisions in each of… Read More →

June 12, 2020 Weekly Round Up

It has been a crazy couple of weeks in the ag law realm!  Here is a quick recap of some of the major stories. * Dicamba, of course.  This has been the story for agriculture over the past two weeks.  As we discussed in this blog post, the US Court of Appeals for the Ninth Circuit vacated the federal registration for three products, Xtendimax, FeXapan, and Engenia.  Then, a few days later, as we discussed in this blog post, the EPA issued a Final Cancellation Order, which did… Read More →

EPA Issues Cancellation Order for 3 Dicamba Products; Limited Existing Stocks Provision Included

On Monday, June 8, 2020, the Environmental Protection Agency (EPA) issued its final cancellation order for three dicamba products:  Xtendimax with Vaporgrip Technology, Engenia, and FeXapan.  [Read EPA Final Cancellation Order here.] The EPA Order stems from the Ninth Circuit Court of Appeals decision last week vacating the federal label for these products, finding that in registering them, EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act.  [Read prior blog post here.]   Summary of the EPA Order The EPA Order provides the following: “Any distribution, sale, or… Read More →

US Court of Appeals for the Ninth Circuit Vacates Dicamba Registration

*Updated on 6/8/2020 at 10 am* On Wednesday, June 3, the United States Court of Appeals for the Ninth Circuit issued a ruling vacating the federal registration for three dicamba herbicide products, Xtendimax, FeXapan, and Engenia.  [Read full opinion here.]  This ruling could have major implications for farmers around the country who purchased and planted seed intending to apply these products.   Factual Background In response to glyphosate resistant weeds, Monsanto developed and patented new seed varieties for cotton and soybeans that were designed to tolerate the herbicide… Read More →

Recent Podcast Appearances

I’ve recently been a guest on a number of great podcasts, so I wanted to share those with you in case they might be of interest. Andrew & Andrew on Criminal Defense “Cultivating Under the Law” I joined  Andrew & Andrew to chat about the potential intersection between ag law and criminal law when it comes to hemp.  It was was a fun conversation and I enjoyed their perspective on hemp as criminal defense attorneys! TSCRA Talks  “Estate Planning in Five Steps“ Back in March, I joined Kristen Brown… Read More →

May 29, 2020 Weekly Round Up

Thanks for joining us for another Ag Law Weekly Round Up!  Here are some of the ag law stories in the news over the past couple of weeks. *CFAP program sign up is underway.  Sign up for the Coronavirus Food Assistance Program is open through August 28, 2020.  For more information on this program, click here for the TAMU Ag & Food Policy Center overview of the program.  For sign up information and forms necessary, click here. *Sackett Clean Water Act litigation continues.  Back in 2012, the US Supreme… Read More →

Questions from Tiffany’s Desk: What About Those County Roads with the Cattle Guards?

Question:  I live in a county with a stock law, so a livestock owner may not “permit” livestock to run at large.  There are several county roads that run through a pasture with cattle guards at both ends that are not fenced.  Are those livestock owners violating the local stock law? Answer:  This is a question I’ve gotten from several folks all across the state, including landowners and even a county judge.  Although it seems that those landowners allowing cattle to be on the county road would be… Read More →