Monthly Archives: February 2018

Court Dismisses Lawsuit Challenging Dannon’s “Natural” Label

If yogurt is made from milk that came from cows who ate feed that included genetically modified corn, can it be labeled as “natural?”  This was the question recently before a New York federal court. Background Polly Podpeskar filed a putative class action lawsuit on behalf of herself and other consumers who were mislead by Dannon’s “natural” label on certain yogurt varieties.  She claimed that a reasonable consumer would not expect a “natural” product to be made from milk from cows who had been fed genetically modified corn or… Read More →

February 23, 2018 Weekly Round Up

Hello!  I’ve spent most of the week in my office dealing with the aftermath of a computer crash and realization that I did not have a good back-up system.  Lessons learned the hard way!  Today, I’m making my way back home to New Mexico to speak at the Southern Quay and Central Curry Soil and Water Conservation District Banquet.  Welcome to those of you joining from that event. Here are some ag law stories in the news this week. * New lawsuit filed over records from Texas v. New… Read More →

Words Matter When Drafting a Will: A Cautionary Tale

A recent decision from the Ft. Worth Court of Appeals, In the Estate of Larry Ronald Neal, Deceased, offers a good reminder about how important is to carefully word a will to ensure that one’s intent is carried out after death. Background Larry Neal executed a will in 2009 naming his brother, Gary, as executor of his estate and making various bequeaths of his assets.  The will included the following provisions: Article II  “I do give and bequeath to my niece, Valorie Jean (Neal) White, all of my personal effects and all… Read More →

February 16, 2018 Weekly Round Up

Hello from Weatherford, Texas!  Last night, I spoke at an Extension meeting in Denton County and today I’ll be speaking at the Country Land Stewardship Conference here in Weatherford.  Welcome to those of you joining us from these events. Here are some of the ag law stories in the news this week. *Budget bill allows seed cotton to be a covered commodity under Farm Bill.   On February 9, Congress passed a budget that made seed cotton a covered commodity for the 2018 crop year under the current Farm Bill’s… Read More →

Basics of Texas Water Law

I get a lot of questions about water law in Texas.  To help folks at least get a good starting point and lay of the land, I authored a fact sheet that outlines the basics of Texas water law.  To download a copy, click here.

February 9, 2018 Weekly Round Up

This week I enjoyed speaking on water law at the High Plains Irrigation Conference in Amarillo. Here are some of the ag law stories in the news. *Lawsuit filed against EPA’s 2-year delay of WOTUS rule.  Ten states have filed suit against the EPA challenging the agency’s 2-year delay of the 2015 WOTUS rule.  They allege that the delay was imposed without consideration of the “environmental and public health consequences of doing so” and that by reverting to the pre-2015 approach, the agency has undertaken a “redefinition” for… Read More →

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Do the New Electronic Logging Device Regulations Apply to You?

There has been a good deal of discussion, confusion, and concern over new regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) requiring electronic logging devices (“ELDs”) for certain commercial motor vehicles.  How will these regulations impact agricultural producers, rodeo athletes, or stock show exhibitors?  Relatedly, there are regulations addressing who is required to obtain a commercial drivers license and what records may have to be kept that, while not new, may impact producers as well. I will not sugarcoat it, these regulations are complex and difficult to… Read More →

February 2, 2018 Weekly Round Up

Welcome to February and Happy Groundhog Day!  This week I had some much-needed time in the office and was able to give an online guest lecture to the Ag Leadership class at Mississippi State University, taught by my friend, Dr. Laura Greenhaw.  Welcome to any new followers from her class! Here are some of the major ag law stories in the news this week. * EPA sets the effective date for 2015 WOTUS rule for 2020.  You may remember this prior post where we discussed the US Supreme… Read More →