Monthly Archives: June 2015

Farm Transition Webinar

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Paul Goeringer, legal specialist at the University of Maryland does a great job of putting together ag law webinars, free of charge, on important issues.  Earlier this month, Shannon Ferrell, an ag law professor at Oklahoma State University, did a webinar on transitioning the family farm between generations. This is an extremely important issue and Shannon is a nationwide expert in this area. To listen to Shannon’s presentation (it lasts just over 1 hour), just press play on the video screen below.

June 26, 2015 Weekly Round Up

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It was a busy week for ag law!  In addition to the United States Supreme Court’s decision in the “raisin case” (read my summary here in case you missed it), here are some of the other ag law stories in the news this week: *United States Supreme Court Will Not Hear Appeal in Whooping Crane Case.  The US Supreme Court has denied a petition for certiorari filed by The Aransas Project seeking review in “the whopping crane case” as it has become known.  The case involved a claim… Read More →

Happy Birthday To The Blog!

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Today is the 2nd birthday of the Texas Agriculture Law Blog. When I began this project in June 2013, I never imagined the growth, support, and contacts that this website would generate! As of June 1, we nearly 750 subscribers and nearly 18,000 page views per month.  Last year, this blog was named one of the Top 100 Legal Blogs (Blawgs) by the American Bar Association.  My favorite accolade, however, is when readers let me know that something they found here was useful for their operation and family! As always,… Read More →

United States Supreme Court Finds for Raisin Farmers in Takings Case

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It is not that often that an agricultural law issue is before the United States Supreme Court.  Yesterday, however, the Court sided with raisin farmers who claimed that a government ag marketing order constituted a taking of their private property for which just compensation was owed.  [Read full opinion here.] Factual Background This case involves a claim by the Horne family against the United States Department of Agriculture.  The Hornes are raisin farmers and raisin growers in California.  In addition to raising their own raisins, they serve as sort… Read More →

June 19, 2015 Weekly Round Up

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Congratulations, we have made it to another Friday!  Here are some of the ag law stories in the news this week. *  TCEQ Seeks Texas Supreme Court Review of Decision in Texas Farm Bureau v. TCEQ.  You may remember from this prior blog post that the the Corpus Christi Court of Appeals recently sided with the Texas Farm Bureau and member farmers against the TCEQ in a case posing the question of whether the TCEQ can ignore priority and allow exemptions from priority calls for certain types of… Read More →

Do Right to Farm Laws Cover Marijuana?

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I must admit, writing an agricultural law blog post about marijuana was not something I expected to ever do when I started this blog.  Currently, however, there are controversies going on in Oregon and Missouri about whether the right to farm includes the right to grow marijuana.  These controversies raise interesting issues likely not ever considered by those agricultural groups and producers who most often support right to farm laws. Oregon Medicinal marijuana use has been legal in Oregon for years, and recreational possession becomes legal on July… Read More →

June 12, 2015 Weekly Round Up

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This week I was back on the road for two presentations.  On Monday evening, I spoke on groundwater rights and ownership in Grayson County.  On Tuesday morning, I discussed important laws for agricultural producers to be aware of in Navarro County.  Both crowds were great and made the programs a lot of fun for me!  Thanks for County Extension Agents Chuck Jones and Page Bishop for organizing.  Welcome to the new blog readers from these programs! *  Free Immigration and Farm Labor Webinar.  The University of Maryland is… Read More →

Case Offers Example of Regulatory Takings Analysis

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Last week, an interesting opinion was issued by the United States Court of Appeals for the Federal Circuit involving a takings claim.  In Lost Tree Village Corporation v. United States, the court analyzed whether a Lucas takings claim occurs where the regulation deprives the property of 99.4% of value, but the property could still hypothetically be sold.  [Read full opinion here.] Basic Regulatory Takings Law In order to understand the Lost Tree case, it is important to have a basic understanding of regulatory takings law in the United States. The US… Read More →

June 5, 2015 Weekly Round Up

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This week I gave two presentations via the internet to folks in San Angelo and in Jefferson County.  To those of you new to the blog from these presentations, welcome! It’s been another busy week in the agricultural law realm. *  Hays County Groundwater Bill on Governor’s Desk.  The Texas Legislature passed HB 3405, known as the  Hays County Groundwater Bill, sending it on to Governor Abbo[Read article here.]  As you likely recall from prior blog posts, Hays County finds itself in the middle of a groundwater battle… Read More →

Oregon Farmers Growing GMO Alfalfa Lose Right to Farm Claim

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Last week, an Oregon federal court issued an important ruling in Schultz Family Farms, LLC v. Jackson County dealing with two very important, hot-button issues in agriculture:  genetically modified crops and Right to Farm laws.   Although the opinion addresses only one local ordinance, and is binding only in Oregon, it raises issues that we have likely not seen the end of and could be seeing in other places across the country. Factual Background In May 2014, Jackson County, Oregon voters passed an ordinance banning anyone from growing genetically engineered plants… Read More →