Monthly Archives: June 2023

June 30, 2023 Weekly Round Up

Happy Friday and Happy Independence Day to everyone!  We’ve got a number of ag law issues to cover in today’s Weekly Round Up. *EPA to revise WOTUS rule by September 1 to comply with SCOTUS decision in Sackett v. EPA.   The EPA announced it will issue a revised final WOTUS Rule by September 1 in light of the US Supreme Court decision in Sackett v. EPA.  As you recall from this blog post and this podcast episode, the Supreme Court unanimously ruled that the “significant nexus test” was not the… Read More →

Neighbor-to-Neighbor Farm Sale Leads to Lawsuits

When a dispute arose related to a neighbor-to-neighbor farm sale, two lawsuits were filed.  The Amarillo Court of Appeals’ decisions in both Barkley v. Connelly cases offer important reminders for anyone entering into a real estate transaction:  Never rely on any oral promise or statement that is not included in a final written sales contract. Background The Barkleys farmed 960 acres in Hansford County.  The Connellys farmed land nearby. Mr. Barkley was not interested in selling his farm, but in March 2017 he filed for bankruptcy and was nearing… Read More →

What Happens if the Original Will Is Missing?

What happens when the original of a will goes missing and there is no evidence of what happened?  That was the issue recently addressed in In the estate of Myrtle Dell Brown. Background Myrtle Brown died in June 2018 at 93 years old.  She was not married and had no children.  The value of her estate was approximately $750,000. Ms. Eriks filed an application for probate of a copy of a will seeking to introduce a will dated October 1, 2009 that named the Humane Society as the sole… Read More →

June 16, 2023 Weekly Round Up

We’re back with some helpful resources and information about agricultural law for your Friday! *Florida foreign ag land ownership law facing legal challenge.  Micah Brown from the National Ag Law Center recently wrote a great summary of lawsuit challenging Florida’s foreign ag land ownership law as unconstitutional.  [Read article here.]  To hear Micah and I discuss foreign ag land ownership laws generally, click here. *EPA appears to continue to fight for WOTUS Rule.  You may recall from this blog post my prediction that the Biden administration would likely… Read More →

US Supreme Court Issues Opinion in WOTUS Case, Sackett v. EPA

The United States Supreme Court has issued its Opinion in Sackett v. EPA, a case looking at the proper test to determine whether a wetland is jurisdictional under the Clean Water Act (CWA).  To hear my discussion on this case with our favorite law professors, Jesse Richardson and Anthony Schutz, click here.  To read a significantly shorter Q&A interview about the case I did with Progressive Cattle, click here. Short Summary For those of you who have no interest in reading such a long description, here is a … Read More →

June 9, 2023 Weekly Round Up

Happy June!  We’ve got plenty of ag law news to kick off the summer. *US Supreme Court rules for landowner in Sackett v. EPA, abandons “significant nexus test” for WOTUS.  I’ll have a lengthy blog post about this decision on Monday, but meanwhile, you can read a Q&A interview I did with Progressive Cattle about the decision and what it means for agriculture here. You can also listen to me and two of the best water law professors in the country break it down on my Ag Law in… Read More →

Landowner Liability for Accident on Roadway Adjacent to Property

Does a landowner owe a duty of care to a visitor who was killed while crossing a Farm-to-Market road leaving the landowner’s property?  This was the question recently before the Beaumont Court of Appeals in Jones v. Wright.  [Read Opinion here.] Background In December 2018, Daylen Jones, a minor, was killed when he was hit by a truck while crossing across FM 1960 after visiting property owned by the Wrights.  For years, the Wrights set up a Christmas display known as “Wrights’ Lights” and allowed the public to… Read More →