Happy Friday!  It has been a busy couple of weeks in the ag law world.

Photo by Shelley Pauls on Unsplash

*US Supreme Court hears oral argument in two key cases.  The US Supreme Court heard oral argument in two key ag-related cases.  First, on October 3, 2022, the Justices heard argument in Sackett v. EPA, a case looking at the proper test for determining whether a wetland is considered a “water of the United States” under the Clean Water Act.  [Read more here.]  To listen to the recording of this argument or read the transcript, click here. Then, on October 11, the Court heard oral argument in National Pork Producers Council v. Ross, a constitutional challenge to California’s animal confinement statute, Proposition 12. [Read more here.]  The oral argument transcript and audio recording may be found here.  To listen to a podcast episode explaining the legal issues in these case and the potential impact on agriculture, click here.

*USDA seeks public comment on new provision to provide assistance to ag producers who experienced discriminations.  Yesterday, the USDA published a request for public comment on how it should implement Section 22007 of the Inflation Reduction Act, a provision seeking to provide assistance to producers who experienced discrimination in USDA’s farm lending programs.  Congress appropriated $2.2 billion to provide financial assistance to these producers.  The request for proposals asks several questions on how USDA should design and administer the program.  The comment period will be open from October 14 – November 14.   [Read more here.]  There are also three virtual public listening sessions scheduled as well. [Click here for more info.]

*Good reminder about paying attention to how accounts are titled.  Ashley Hawley at Ruder Ware wrote a great article about the importance of paying attention to how accounts are titled.  She tells a story of her husband setting up an investment account and being unable to answer her question of how the account was titled.  As she explains, this is an easy detail to overlook, but is critical in determining what happens to the money in an account when someone passes away.  [Read article here.]

*Four provisions people often forget to include in their estate plan.  I found this article highlighting four provisions that people often overlook when drafting an estate plan.  I thought these were good points and important considerations for everyone drafting an estate plan.  [Read article here.]

Upcoming Presentations

Next week, I’ll be in Silverton, TX on Wednesday to chat about farm and ranch estate planning and business entities.  For more info on this program, click here.

The following week, I’ll be presenting virtually on agricultural law on October 25 as part of Ranch Management University, a week long program in College Station.  On the 26th, I’ll be pulling double duty speaking at both the Lubbock Judges and Commissioners’ Conference and presenting virtually to Dr. Cleere’s animal science course in College Station.  Finally, on October 27, I’ll be presenting via video to the Sabine-Neches RC&D Value of Land program.

To see a complete list of my upcoming presentations, click here.