Monthly Archives: January 2023

January 27, 2023 Weekly Round Up

The year started out with a bang and has not slowed down yet!  Here are some of the ag law stories in the news over the past couple of weeks. *USFWS extends effective date for lesser prairie chicken listing.  The USFWS is delaying the effective date of the lesser prairie chicken listing for 60 days until March 27, 2023.  [Read article here.] *APHIS proposes electronic identification rule for certain cattle crossing state lines.  The USDA Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would… Read More →

Case Illustrates Importance of Farm Leases Being in Writing

We have another reminder of the importance of putting agricultural leases in writing.  This one comes from the Texarkana Court of Appeals in Coniglio v. Woods. [Read opinion here.] Background Candido John Coniglio, Sr. (“Senior”) owned a 5,100 acre farm in Fannin County which was managed by his son, Candido John Coniglio, Jr. (“Junior”). Michael Woods owned the adjacent farm. Woods hired workers to cut hay on his property.  Senior agreed to allow Woods to cut and bale 107 acres of hay on Senior’s property in exchange for giving… Read More →

Custom Harvest Agreement Checklist

One common way that cattle producers enter into the direct beef sales world is by selling a live calf to the consumer and then delivering the calf to a custom processing facility where it will be processed.  As we discuss in detail in our “Where’s the Beef? Legal & Economic Considerations for Direct Beef Sales,” this approach can be attractive to producers as it allows them to avoid many of the additional requirements that come when selling beef, as opposed to selling the live animal. For example, if… Read More →

January 13, 2023 Weekly Round Up

I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

Egg Pricing Case Going Forward; Petition for Review at Texas Supreme Court

The State of Texas claims that Cal-Maine Foods illegally charged excessive prices for eggs during the Covid-19 pandemic. This is the first case to interpret the Texas Deceptive Trade Practices Act disaster price gouging provision.  The trial court dismissed the case, but the First Court of Appeals in Houston reversed that decision.  [Read Opinion here.]  A Petition for Review is currently pending at the Texas Supreme Court with the State of Texas’ response due February 6, 2023. Factual Background Cal-Maine Foods is the largest producer of shell eggs… Read More →

Top Blog Posts & Podcast Episodes for 2022

Happy New Year!  Now that we’ve turned the page on a new year, I wanted to share the most popular blog posts and podcast episodes from 2022. I also thought it might be fun to share some of my biggest projects from last year as well. Top 5 Texas Agriculture Law Blog Posts I started the Texas Agriculture Law Blog almost 10 years ago, and it remains one of my favorite projects.  I love the chance to write about cases and various legal issues that impact rural landowners… Read More →