July 14, 2023 Weekly Round Up

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 is a WOTUS.  The Biden Rule included the “significant nexus” text, and the administration has announced it will re-work the rule and re-release by September.  [See article here Order here.]  The EPA filed a similar request for a stay in litigation in North Dakota.  [See article here.]

*Special Master recommends US Supreme Court approve settlement in Texas v. New Mexico.  The Special Master has recommended that the US Supreme Court approve a settlement in Texas v. New Mexico, a water law case we have previously discussed involving waters of the Rio Grande.  Texas and New Mexico reached the settlement, but the United States, an intervening party in the litigation, objected.  [Read Special Master report here and article here.]

*How will Proposition 12 ruling impact the Farm Bill?  Drs. Fischer and Outlaw from the Texas A&M Ag and Food Policy Center recently wrote an interesting article discussing how the US Supreme Court’s recent ruling in National Pork Producers Council v. Ross may impact the upcoming Farm Bill. [See article here.]  On that same note, there has been a bill introduced in Congress, the EATS Act, that would prohibit states from passing regulations similar to Prop 12.  [Read article here.]

*Senator proposes national agricultural crisis hotline.  Senator Kirsten Gillibrand has introduced a bill that would create a national hotline specifically to support agricultural producers’ and workers’ mental health.  The 24/7 hotline would be staffed with people who understand the unique situation and stressors for those involved in agriculture.  [Read press release here.]


Upcoming Presentations

I was supposed to be hopping a plane to Canada to speak at the Western Agricultural Economics Association Conference next week, but my passport has not arrived, so I will be staying home instead.  Tip to anyone planning overseas travel in the next year–get your passport application in now!

To see all of my upcoming presentations, click here.




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