Monthly Archives: March 2023

WOTUS Update: Court Denies Nationwide Injunction; Grants Injunction for TX & ID

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A federal judge in Texas recently issued an important ruling in Texas v. EPA, a case challenging the legality of the Biden administration’s “Waters of the United States” definition under the Clean Water Act.  [Read Opinion here.] Background As we’ve discussed at length previously on this blog and on the Ag Law in the Field Podcast, Congress passed the Clean Water Act (“the Act”) in 1972, granting federal jurisdiction over “navigable waters,” which it defined as “waters of the United States, including territorial seas (WOTUS).”  Congress did not, however,… Read More →

March 24, 2023 Weekly Round Up

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Hello from Ft. Worth!  We’re excited to be at the Texas & Southwestern Cattle Raisers Convention this weekend.  If you’re here in Cowtown, be sure to say hi! Here are a number of ag law stories in the news over the past couple of weeks. *Numerous challenges filed against Biden WOTUS definition.  Brigit Rollins at the National Agricultural Law Center recently published a great article outlining the legal challenges currently filed against the Biden WOTUS definition.  [Read article here.]  Since this article, a federal judge here in Texas… Read More →

Texas Supreme Court Analyzes Herbicide Drift Case

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Last week, the Texas Supreme Court issued an opinion in Helena Chemical Co. v. Cox, a case pitting cotton farmers against an aerial herbicide applicator. [Read opinion here.] Background Plaintiffs grow cotton in Mitchell County, Texas.  They allege that defendant, Helena Chemical Company (“Helena”), supervised aerial application of Sendero, a herbicide primarily used to kill mesquite trees, on the Spade Ranch.  Plaintiffs claim that the Sendero sprayed on the Spade Ranch over several days in 2015 and 2016 drifted and damaged their cotton crops.  They blame this drift for… Read More →

Many Over the Counter Livestock Antibiotics to Require Prescription Starting in June

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In January, the Food & Drug Administration (FDA) released specific details on a change to how certain antibiotics for animal use may be purchased.  As of June 11, 2023, a number of veterinary antibiotics considered “medically important antimicrobials” previously sold over the counter will require a veterinary prescription in order to purchase.  Here are answers to some common questions surrounding this new rule. What is the new rule?  The Food and Drug Administration’s CVM GIF #263 makes changes to the availability of certain over the counter antibiotics for… Read More →

March 10, 2023 Weekly Round Up

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Once again, it has been a busy couple of weeks on the agricultural law front.  Here are some of the key ag law stories in the news. *US Supreme Court will not hear New Mexico stream access case.  The United States Supreme Court has denied a Petition for Certiorari in  Chama Troutstalkers, LLC v. Adobe Whitewater Club of New Mexico.  You may recall from this prior blog post that the New Mexico Supreme Court held laws allowing landowners to close portions of streams on private property were unconstitutional.  This… Read More →

Overview of Biden WOTUS Rule

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On December 20, 2022, the Environmental Protection Agency and the US Army Corps of Engineers released its Final Rule redefining “waters of the United States” (“WOTUS”) under the Clean Water Act (“Biden Rule”).  [Read Biden Rule here.]  The Biden Rule is set to go into effect on March 20, 2023.  There have, however, been lawsuits challenging the Final Rule that could impact this effective date.  [Read Complaint here and Complaint here.] Background For those of you keeping score, this marks the third attempt by the EPA to redefine… Read More →