Monthly Archives: March 2017

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part II)

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If you missed Part I of this series, click here. Whether you intend to plant Enlist Duo or XtendFlex cotton or soybeans or not, the issue of physical drift is important to all of us involved in agriculture.  For producers who do elect to utilize these crop systems, it is critical to ensure that applications are made with the utmost care to avoid any drift or inadvertent application issues.  For neighboring landowners who are not planting the new seeds, understanding their rights is also important. For Both producers… Read More →

What’s the Deal with Dicamba and 2,4D Drift in the News? (Part I)

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You’ve probably seen a lot of talk about Dicamba and 2,4-D in the news lately, particularly if you’re involved in agriculture.  I’ve gotten some questions recently about what’s going on with these herbicides and why this is such a major issue now.  This two-part series will provide an overview of the need for new herbicide options, the new cotton and soybean traits that have been developed, some concerns and drift issues that have arisen, and what producers can do to protect themselves. The Need for New Herbicide Options… Read More →

March 24, 2017 Weekly Round Up

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This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →

Five Strands: A Landowner’s Guide to Fence Law in Texas

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Is a landowner liable of his cattle get out and are hit on the road?  Can I make my neighbor chip in and and pay for repairs to our shared boundary fence?  What do I do when someone else’s cattle are on my land?  What can I do about my neighbor’s tree limbs hanging over the fence and onto my property? These are the types of questions that Jim Bradbury, Kyle Weldon, and I set out to answer in our most recent publication, “Five Strands: A Landowner’s Guide… Read More →

March 17, 2017 Weekly Round Up

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Happy St. Patrick’s Day to you all!  And welcome to those of you joining from the Fannin County Ag Law Program we had last week in Bonham.  It was a great turn out and a wonderful audience. Here are some of the ag law stories in the news this week. *Travis County Court issues Temporary Restraining Order in case over feral hog poison.  The issue of feral hogs is one that has caused problems across Texas.  One product on the market for controlling feral hogs is warfarin-based Kaput. The… Read More →

Important Property Tax Deadlines Coming Up

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Recently, I have gotten several phone calls from folks regarding property tax issues that might have been avoided had they understood required actions and upcoming deadlines.  I thought it worth highlighting a couple of key situations today. Filing Open Space or Agricultural Use Valuation Application The deadline for filing open space, ag use, and wildlife management valuation applications is before May 1.  The Chief Appraiser may, for good cause, extend this deadline by up to 60 days, but obviously the more prudent route is to be sure and file… Read More →

Look for the Helpers

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In light of what has been going on in the Panhandle this week, we are going to take a break from the Weekly Round Up today and, instead, take a moment to think of those struggling after the wildfires.  I wrote this article about the events of this last week and thought I would share. Years ago, I heard a quote by Mr. Rogers.  He said that when tragedy strikes and everything seems so dark, you should look for the helpers. The firemen running into burning buildings. The… Read More →

Syngenta Corn Litigation Webinar

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A month or so ago, my friend and colleague Drew Kershen, along with Thomas Reddick, presented a webinar discussing the Syngenta corn litigation.  [To view and listen to webinar, click here.] The webinar offered a variety of interesting information related to this case, the underlying legal issues, and policy implications that a verdict may have.  First, Drew sets forth the facts and outcomes of two prior cases that are somewhat similar to the Syngenta case: the Starlink corn case and the Liberty Link rice case.  Next, the webinar… Read More →

March 3, 2017 Weekly Round Up

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I’m sorry for missing our Round Up last Friday, I was out with sick little ones.  Hopefully now, we are all on the mend. Here are some of the ag law stories in the news recently. * How to audit your farm’s I-9 forms.  Current immigration issues and discussions have had a lot of folks really paying attention to their employee paperwork.  Remember, all employers must have I-9 forms on file for all employees.  For more background info on this requirement and the nuts and bolts of completing… Read More →

President Trump Issues Executive Order on WOTUS

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As many had anticipated, President Trump signed an Executive Order on Tuesday dealing with the “Waters of the United States” rule. [Read full order here.] You may recall that back in 2015, the Environmental Protection Agency and Corps of Engineers passed a rule “clarifying” the definition of “Waters of the United States” as the term is used in the Clean Water Act.  Immediately, numerous States (including Texas), agricultural industry groups, and other businesses filed suits across the country claiming that  the new rule was too broadly written and gave… Read More →