Monthly Archives: January 2016

January 29, 2016 Weekly Round Up

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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 Use of Unmanned Aircraft Statute

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*Updated:  This article was updated after the 2017 Legislative Session to include confined animal feeding operations to the definition of “critical infrastructure facilities” based upon HB 1643. See blog post here.* Today we continue with Part II of our Drones and Privacy series by reviewing the Texas Use of Unmanned Aircraft statute.  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… Read More →

January 22, 2016 Weekly Round Up

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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 →

Drones & Privacy (Part I): Potential Common Law Claims

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Drones are a hot topic in many circles, including the agricultural industry.  However, as often happens, the law has fallen behind the technology leading many people to question (or incorrectly assume they understand) how private property rights and the use of commercial drones will co-exist.  This blog series will focus on the law potentially applicable in situations where drones fly over the property of another without permission. Today, we will focus on two potential common law claims, trespass and nuisance.  The second post will focus on the Texas… Read More →

January 15, 2016 Weekly Round Up

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This week I made the drive to Lubbock to speak at the “Seeking Solutions” extension meeting.  It was a great program and I really enjoyed the opportunity to visit with producers about agricultural law.  To those of you joining the blog from that event, welcome!  Here are some ag law stories in the news this week. * What You Need To Know About Selling Your Oil and Gas Interests.  Texas attorney Aimee Hess recently wrote a great blog post discussing the sale of mineral interests.  She offers some… Read More →

Veterinary Feed Directive – What You Need To Know

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Major changes to how producers can purchase many medicated feeds are on the way under the new Veterinary Feed Directive rule, passed by the FDA.  Three significant changes are coming: (1) many drug labels are currently being modified by limiting the drug’s use to therapeutic, rather than production uses; (2) all “medically important” antimicrobial drugs used in feed will no longer be “over the counter”; and (3) a veterinarian must complete a VFD form before a producer can purchase certain medicated feeds that fall under the definition. I… Read More →

Landowners Should Play Closer Attention To Grazing Leases

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Recently, I spoke at the Cattle Trails Cow-Calf Conference in Wichita Falls to a full house of cattlemen and cattlewomen about the importance of drafting grazing leases.  Jennifer Latzke, a reporter with the High Plains/Midwest Ag Journal was in attendance and drafted a great article discussing this issue. Landowners Should Pay Closer Attention To Grazing Leases Jennifer Latzke, High Plains/Midwest Ag Journal Handshake deals are one of the hallmarks of the Western rancher. But, lawyer Tiffany Dowell-Lashmet has seen how handshake deals and verbal agreements can fall apart when… Read More →

January 8, 2016 Weekly Round Up

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Happy  New  Year!  I hope you all had a wonderful holiday and are ready to tackle 2016. I kicked off my year speaking to a great group of folks at the Blacklands Income Growth Conference in Waco on Tuesday.  I had an absolute blast discussing agricultural law issues and answering great questions from the audience.  To those of you joining us from the BIG Conference, welcome! Here are some of the ag law stories that have been in the news recently. * Big Bend Pipeline Project Closer To… Read More →

Questions from Tiffany’s Desk: Can I sell raw milk in Texas?

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Question:  Can I sell raw (unpasteurized) milk in Texas? Answer:  I knew a question about raw milk would come across my desk one day, much to the enjoyment of my colleague and friend from Virginia Tech, Jesse Richardson, who is always emailing me about raw milk disputes around the country.  The answer to this question for folks in Texas is yes and no. Raw milk may be sold in Texas direction from the “point of production” directly to the consumer so long as the seller has obtained the… Read More →

Understand Your Right to Farm

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I recently wrote an article for Dairy Herd Management magazine reminding producers of the important protections offered by state Right to Farm statutes.  While hopefully an operation never needs to use this statute to defend itself from a nuisance or trespass claim, being aware that these protections do exist and understanding the requirement for the state in which an operation is located is critical. To read the full article, click here.