Monthly Archives: July 2023

Court Reverses Ruling – Sides with Rancher in Adverse Possession by Grazing Case

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In what is a truly unusual turn of events, the Waco Court of Appeals recently issued a new opinion in an adverse possession case, Parker v. Weber.  What makes this unusual is that the court issued its initial opinion in May 2018 and now–five years later–issued an opinion reaching an opposite result.  Do note that this case does have a Petition for Review currently pending before the Texas Supreme Court. Background This lawsuit involves neighbors, Glenn Weber and Jay and Lindsey Parker, and a dispute over ownership of 20.62… Read More →

July 28, 2023 Weekly Round Up

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We’ve reached the end of July!  Here are some of the ag law stories in the news. *Court rules that challenge to EPA dicamba registration brought by farm groups belongs in district court.  The US Court of Appeals for the District of Columbia recently ruled that a lawsuit filed by the American Soybean Association against the EPA should have been filed in the district court (trial level court) rather than at the court of appeals level.  Because of this, the court dismissed the case for lack of jurisdiction…. Read More →

Thumbs Up Emoji Costs Canadian Farmer $82,000

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A recent lawsuit involving a Canadian farmer and a “thumbs up emoji” has generated a good deal of media attention.  The court’s opinion in South West Terminal v. Achter Land & Cattle is an interesting look at contract law meeting new technology. Background South West Terminal (“SWT”) is a grain and crop input company.  Kent Mickleborough is a grain buyer for SWT.  Achter Land & Cattle (“the Farm”) is a farming operation owned by Chris Achter and his father, Bob. Since 2012, SWT purchased grain from the Farm through… Read More →

New Fact Sheet: Carbon Contract Checklist

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My student assistant, Karli Kaase, and I recently co-authored a fact sheet offering a list of terms for landowners considering entering into a carbon contract.  [View fact sheet here.] It is critical for landowners to understand that every contract is different, and the devil is in the details.  Before signing a contract, landowners should carefully read the entire document, and I recommend contacting an attorney well-versed in carbon contracts to assist with negotiation and evaluation. To learn more about carbon markets, click here for a podcast episode I… Read More →

July 14, 2023 Weekly Round Up

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There has been no summer break for news in the agricultural law world.  Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released.  A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year.  The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

Significant Changes Coming to Texas Right to Farm Statute

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As of September 1, 2023, there will be significant changes in store for the Texas Right to Farm statute.  The Texas Legislature passed, and Governor Abbott signed, HB 1750, HB 2308 and HB 2947, each revising the statute offering important protections to Texas rural landowners, lessees, and agricultural operators.  We have prepared a document showing the text of the Texas Right to Farm Statute as of September 1. To read a full summary of the Texas Right to Farm statute, click here. Background The Texas Right to Farm… Read More →

SCOTUS 2022-23 Term Ag Law Recap

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The United States Supreme Court has finished releasing opinions for its 2022-2023 term.  There were a number of opinions related to agricultural law issues that are worth highlighting. Sackett v. EPA [Opinion] We have extensively covered this case dealing with the proper definition of “waters of the United States” under the Clean Water Act.  [Blog post / Podcast episode]  The Justices issued an interesting opinion in which they unanimously held the “significant nexus test” is not the proper test to determine whether a wetland constitutes a WOTUS and that… Read More →