Monthly Archives: January 2022

Estate & Succession Planning Survey – We Need Your Help!

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Dr. Justin Benavidez and I are working on a cool project sponsored by Texas Corn Producers.  We are conducting an anonymous survey to look at the current estate and business planning situation for Texas farmers, ranchers, and rural landowners.  We will use the information gathered to plan programming and resources going forward.   For this to be successful, we need your help!  Please take a couple of minutes and complete our online survey by clicking here.   If you’d prefer a paper copy, we are glad to send you one along… Read More →

Understanding & Evaluating Carbon Contracts

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Carbon contracts have been a popular topic of conversation for farmers and ranchers around the country.  As with any agreement, several legal and economic issues arise and should be carefully considered by producers before entering into a carbon contract.  A critical consideration is producers and landowners should never rely on verbal representations made by anyone related to a contract; assume only the written contractual terms will be enforceable.  Remember, this is new territory and many unknowns still exist about the carbon market and these carbon agreements.   I highly… Read More →

January 21, 2022 Weekly Round Up

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2022 has kicked off with a bang in the agricultural law realm.  There has been plenty of news over the last couple of weeks. *Livestock Forage Protection deadline next week.  The deadline to sign up for the Livestock Forage Protection Program is January 31, 2022 for anyone in a qualifying county.  LFP provides payments to livestock producers who are also producers of grazed forage crops that have suffered a loss of grazed forage due to qualifying drought conditions.  Sign up is done through the Farm Service Agency (FSA) office… Read More →

Breaking News: EPA Bans Use of Enlist Duo & Enlist One in Certain Counties Across US

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On January 11, 2022, the Environmental Protection Agency (“EPA”) granted new registrations and labels for Corteva’s Enlist One and Enlist Duo herbicides. [Documents here.] The EPA approved registration but included additional requirements and a list of counties across the US for which use will be banned. Background Enlist One and Enlist Duo are 2,4-D-based herbicides for over-the-top use in 2,4-D-tolerant cotton, corn, and soybeans to help control broadleaf weeds.  They were initially registered for five years in 2017.  That registration was set to expire on January 12, 2022…. Read More →

2021 Year in Review – Texas

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2021 was another big year in the agricultural law world here in Texas.  From key legal decisions to new laws passed during the legislative session, there was no shortage of information to discuss in this year in review.  As you will see, many of the key updates involve actions taken by the Texas Legislature.  To read in more detail about the key bills for agriculture this session, click here to read a blog post and here to listen to a podcast episode with J Pete Laney. Texas Farm… Read More →

January 7, 2022 Weekly Round Up

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Welcome to our first Weekly Round Up of the year.  Here are a few of the ag law stories in the news over the past several weeks. *State of Texas files amicus brief supporting landowner in Texas Central Railway case.  The State of Texas has filed an amicus brief on the side of the landowner in Texas Central Railroad & Infrastructure v. Miles, a lawsuit challenging Texas Central Railway’s use of eminent domain power.  [Read prior blog post here.]  The State’s briefing supports the landowner’s argument that Texas… Read More →

2021 Ag Law Year in Review – National

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Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →