Monthly Archives: January 2014

January 31, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* This week I had the chance to head up to take a little road trip to speak at the Northeast Texas Cattlemen’s Conference in Winnsboro.  Even though it was a cold, early morning, there was a really great turn out for the conference.  I enjoyed the chance to visit with these producers about ag leases and appreciated their insightful questions.  Welcome to anyone reading this blog from the Conference! It was a busy week in ag law–here are… Read More →

Breaking News: Supreme Court Allows Texas to Proceed with Lawsuit Against New Mexico

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*This article is not a substitute for the advice of an attorney.* On Monday, the United States Supreme Court granted Texas’ Motion for Leave to File a Complaint with the Court, thereby permitting Texas to proceed with its lawsuit against New Mexico and Colorado over waters of the Rio Grande.  Texas filed its motion seeking leave to file a complaint in January 2013, alleging that New Mexico was violating the 1938 Rio Grande Compact between the states.  [Read prior blog discussing dispute here.] The Court’s ruling allows New Mexico to file a Motion to… Read More →

A Shooting Range Controversy in North Carolina

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*This article is not a substitute for the advice of an attorney.* A North Carolina judge will soon decide whether a shooting range is considered “agri-tourism” under state law.  The impact of this decision will determine whether the shooting range is subject to local zoning laws, but could have further impact on what activities are classified as “agri-tourism” under the law. Background Under a series of state statutes, North Carolina allows for “agri-tourism” to occur on farms and ranches throughout the state without obtaining county zoning approval.  The statute, however, did not list… Read More →

January 24, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* It has been a bit of a whirlwind week around here!  On Tuesday evening I was in Glen Rose speaking about water law at the 15th Annual Central Texas Beef Cattle Seminar.  Thursday found me in Vernon speaking at the Master Marketer program on agricultural leases.  Both programs had great turn outs, great questions from the participants, and great food (always a plus!)  Welcome to the new readers from those events. Here are a few stories… Read More →

Horse Slaughter Update

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*This article is not a substitute for the advice of an attorney.* A flurry of activity occurred last Friday with regard to the horse slaughter debate both in a Santa Fe, New Mexico courthouse and in Washington, DC. First, in Washington, Congress passed an omnibus appropriations bill that provided no funding for USDA inspectors to inspect plants that would slaughter horses.  President Obama signed the bill into law on Friday evening.  Without these required inspections, plants are unable to commence slaughter operations. [Read article here.] This was the same approach taken from 2006-2011… Read More →

January 17, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* It has been a busy week for agricultural law-related stories.  Here are a few of the headlines making news this week. *  Texas Supreme Court Orders TransCanada Response to Appeal.   The Texas Supreme Court has ordered TransCanada to respond for a petition for review filed by Texas landowner Julia Trigg Crawford.  Trigg Crawford has appealed the trial court decision (affirmed by the appellate court) challenging the ability of TransCanada to use the power of eminent domain to take a portion of… Read More →

Court Rules for Llama Owners in Lawsuit Involving Attack

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**This article is not a substitute for the advice of an attorney.** In November, the Illinois Court of Appeals granted summary judgment for defendants in a case involving a llama who attacked a high school student hired by the llama’s owners to work on their farm.  The result likely would have been different under Texas or New Mexico law. Background The plaintiff was hired by the defendants to work on their pet store and family farm.  Even after his employment ended, the plaintiff still periodically cared for the farm animals… Read More →

January 10, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* Last Friday I was able to speak at the Central Texas Cow/Calf Clinic at the Milano Livestock Exchange.  It was a great crowd and I enjoyed the chance to visit with them about the importance of written leases.  As a country girl myself with fond memories of going to the sale barn with my dad, I have to say that this was my favorite presentation location so far.  Welcome to the new readers from that presentation!… Read More →

Summary of Oral Argument in Environmental Processing v. F.P.L. Farming

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*This article is not a substitute for the advice of an attorney.* Today the Texas Supreme Court heard oral argument from counsel in Environmental Processing Systems, L.C. v. F.P.L. Farming LTD., which was discussed in detail on this blog on Monday.   Essentially the case involves a claim that waste water from an oil and gas operation that was injected in an underground disposal well on EPS’ property has migrated under the property of FPL Farming, causing subsurface trespass.   The case has been submitted to the Court for decision. The justices… Read More →

Breaking News: Proposed Horse Slaughter House to Sue New Mexico Attorney General for Slander

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*This article is not a substitute for the advice of an attorney.* Weeks after the New Mexico Attorney General filed suit in state court against Valley Meat Co. in Roswell, NM, seeking to prevent the slaughter house from slaughtering horses for human consumption, Valley Meats is fighting back.  The owners of the plant have notified the Attorney General that they intend to file suit against his office for slander, harassment, conspiracy, and abuse of process.  [Read article here.]  A copy of the Tort Claim Notice filed by Valley Meat… Read More →