Monthly Archives: July 2016

July 29, 2016 Weekly Round Up

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I’m not sure how it can possibly be the end of July already, but here we are!  Hope everyone had a great week.  Here are some of the ag law stories in the news. * Edwards Aquifer Authority To Pay $4.5 Million Settlement to Braggs.  After 10 years of litigation, the Medina County pecan farmers at the center of one of the biggest water law cases in Texas will be paid by the Edwards Aquifer Authority for a taking of their private property.  As you have read about… Read More →

First American Agricultural Law Association Teleforum This Thursday!

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What do you have planned for your lunch hour on Thursday?  Stale sandwich?  Taking a nap?  A jog on the treadmill? For those of you interested in agricultural law, environmental law, water, law, or all of the above, we are excited to announce the Inaugural American Agricultural Law Association Teleforum will be held this Thursday, July 28 at 12:00 CST. The Teleconference is free for everyone to join and listen to attorneys who were actually involved in the Corps of Engineers v. Hawkes case talk about the case, the… Read More →

Workers’ Compensation and Agriculture

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I recently wrote an article for Progressive Cattleman outlining workers’ compensation laws and agriculture.  This is a complex area of law, and the rules differ by state, but it is extremely important for farmers and ranchers and employees to be aware of the law in their state. To read the article, click here. (Note:  You may remember from a prior Weekly Round Up that the New Mexico Supreme Court recently held that the agricultural laborer exclusion to the NM Workers’ Compensation law was unconstitutional.  This article was written prior… Read More →

July 22, 2016 Weekly Round Up

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Happy Friday!  This week I enjoyed the opportunity to travel to Floydata and visit with producers at their ag field day about one of my favorite things…agricultural law hot topics.  To those of you joining from that meeting, welcome!  Here are some of the major ag law stories in the news this week. * Congress Passes GMO Labeling Law.  Last week, Congress passed a federal law that will impose federal standards on the labeling of foods made with genetically modified ingredients.  [Read bill text here.]  The law will… Read More →

Solar Leasing Webinar

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Recently, Texas A&M Agrilife Extension helped co-sponsor a webinar hosted by my friend Paul Goeringer at the University of Maryland.  The topic was solar lease agreements and the speaker was the famous Dr. Shannon Ferrell of Oklahoma State University.  I still get phone calls about once a week from folks who have been contacted by a solar company about potentially leasing their land.  This webinar offers invaluable information about the solar energy process, key questions and considerations for landowners, and other important topics. To view the webinar, click… Read More →

July 15, 2016 Weekly Round Up

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We’ve hit the halfway point for July and I hope everyone is staying cool in this heat!  It’s been a busy week for me.  On Monday, I gave an online presentation on agricultural leases to the 2016 Generation Next participants.  Thursday found me in Sherman, again talking ag leases.  On Friday, I wrapped things up in Greenville talking key laws for Texas landowner to beware of.  Welcome to those of you joining from these events! Here are some of the ag law stories in the news this week…. Read More →

ABA Blawg 100 Nominations Are Open!

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It’s that time of year again…the American Bar Association is taking nominations for its list of the top 100 legal blogs (called “Blawgs”).  [Read press release here.] To nominate the Texas Agriculture Law Blog, just click here and fill out the quick nomination form.  The deadline for submissions is August 7, 2016.   We are hoping that the third time is the charm and we make the list for a third year in a row.  For the last two years, we’ve been the only agriculture law blog to… Read More →

Trial Court Ruling in Duarte Nursery v. Army Corps of Engineers Concerning for Landowners

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Today’s blog is long….I’m warning you now. In the last few years, we have seen an increased focus on the regulatory reach of federal jurisdiction over agricultural lands, with the new WOTUS rule and other court decisions.  A recent trial court decision from the Eastern District of California should be extremely concerning to landowners across the country.  At issue, the federal Clean Water Act and agricultural operations. Background In 2012, Duarte Nursery purchased 450 acres land in Tehama County, California with the intent to farm the land, initially by sowing… Read More →

July 8, 2016 Weekly Round Up

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Here are some of the agricultural law stories in the news this week. * NM Supreme Court Holds Agricultural Exemption to Workers Compensation Law Unconstitutional.  Last week, the New Mexico Supreme Court affirmed the Court of Appeals holding that an exemption excluding farm and ranch laborers from mandatory workers compensation coverage was unconstitutional.  [Read full opinion here.]  I previously wrote a blog post explaining this issue and outlining the Court of Appeals opinion.  To read that, click here.  Although the Court agreed that the provision was unconstitutional, it… Read More →

Ranchers’ Agricultural Leasing Handbook Available

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Recently, my colleagues Shannon Ferrell (Oklahoma State), Rusty Rumley (National Agriculture Law Center), and I held a series of workshops around Texas, Oklahoma, and Arkansas discussing agricultural leases.  These programs were well attended (nearly 250 people total) and participants reported being very satisfied with the information they received.  The funding for these workshops and the handbook was provided through a grant from the Southern Extension Risk Management Education Center and the USDA.  We certainly appreciate their support of these programs. We’d also like to offer a huge thank… Read More →