Hope you all enjoyed a wonderful Thanksgiving holiday.  Here are some ag law stories in the news this week that might be good fodder for discussions with the visiting relatives (or not.)

Photo by Ruth Caron via Unsplash

*EPA proposes 2-year delay of 2015 WOTUS rule.  The EPA and Corps of Engineers have proposed a rule that would delay implementation of the 2015 WOTUS rule for two years.  Currently, the 2015 rule is stayed by the United States Court of Appeals for the Sixth Circuit and the EPA is currently working through the required process to rescind the 2015 Rule altogether.  Why, then, does the EPA want a 2-year delay?  They say they want to provide certainty to landowners that the 2015 rule will not go into effect if, for example, the 6th Circuit stay is lifted.  Of course, this proposal will have to undergo a comment period before it can be published in the Federal Register.  Meanwhile, the two-step rulemaking process to rescind and replace the 2015 rule altogether will continue.  [Read article here.]

*US Supreme Court to hear oral argument in Texas v. New Mexico.  The United States Supreme Court has slated oral arguments in the Texas v. New Mexico lawsuit involving claims that New Mexico has violated a treaty between the states related to the Rio Grande River on January 8.  [Read article here.]  Additionally, the Justices will hear argument in a water law case pitting Florida against Georgia the same day.  [Read article here.]

*Missouri bans Engenia mid-year, same expected for XtendiMax and FeXapan.  As soon as I hit “publish” on the Dicamba Update post, more news came out of Missouri. The state announced that for 2018 it will ban the use of Engenia after June 1 for soybeans and cotton in 10 southeastern counties that saw significant drift damage and on July 15 for the entire state.  Expect similar limitations on the Monsanto and DuPont dicamba products from Missouri.  [Read article here.]

*Utah to pay $349,000 to settle “ag gag” lawsuit.  According to the Salt Lake Tribune, Utah will pay $349,000 to plaintiffs who succeeded in a lawsuit challenging the state’s “ag gag” statute.  The money will cover attorney’s fees and other costs incurred in bringing the suit.  [Read article here.]

*Article highlights many water issues in Texas.  KUT recently ran an article discussing a number of water issues facing West Texas, including groundwater ownership, brackish groundwater, fracking, and highest and best use of water.  The article is an interesting look at the variety of issues and considerations facing Texans.  [Read article here.]