We’ve made it through another week and have another long list of ag law news from around the country!

Photo by david Griffiths 

*Avian influenza found in dairy cows in Texas and Kansas and goat in Minnesota.  State agencies announced this week that a disease found in some dairy cows in Texas and Kansas was identified as highly pathogenic avian influenza (HPAI).  A goat in Minnesota on a farm where chickens had the virus also recently tested positive as well.  The USDA believes the source of HPAI at the dairies is migratory birds.  USDA says that HPAI is killed in the pasteurization process and it does not pose a threat to humans consuming milk or dairy products.   Experts stress the importance of biosecurity measures, monitoring for symptoms, and contacting a veterinarian if there are any signs that seem abnormal.    [Read article here.]

*Cargo ship strikes Francis Scott Key Bridge in Baltimore; impacts on agricultural supply chain expected.  On Tuesday morning, a cargo ship lost power and struck the Francis Scott Key Bridge in Baltimore.  Six people were killed in the disaster. The Port of Baltimore is currently closed and will remain so for some time. The port is a major point along the supply chain for a number of agricultural products including soybeans, sugar, and grain products like wheat and corn. [Read article here.]

*Restoring native grasslands after wildfire.  Our friends Dr. Morgan Treadwell and Dr. Jeff Goodwin were quoted in an article with tips to restore native grasslands after wildfire.  Geared toward Texas Panhandle producers recovering from the recent devastating wildfire events, they note that this restoration will require ecological recovery, construction recovery, and mental recovery as well. They offer a list of top tips to keep in mind now and in the future.  [Read article here.]

*Bayer applies for new dicamba label.  On March 11, Bayer applied to the Environmental Protection Agency for a new registration for Xtendimax, its over-the-top dicamba product for soybeans and cotton.  You may recall from this prior blog post that in February, a federal court in Arizona vacated the label for Xtendimax and two other over-the-top dicamba products after finding the EPA failed to follow the proper process in registering those products in 2020.  For the 2024 growing season, producers can use existing stocks of the vacated products, but going forward, use will only be allowed if the EPA grants a new registration.  [Read article here.]

*Stay issued prohibiting SEC climate reporting rule from going into effect.  Earlier this month, the Securities and Exchange Commission published its final rule related to go into effect. The final rule was less expansive than the proposed rule, which would have included that companies report Scope 3 emissions (those from along their supply chain).  This was seen as problematic for agribusinesses, farms, and ranches by a number of agricultural groups.  These Scope 3 reporting requirements were not included in the final rule.  A lawsuit was filed shortly after the final rule was announced, and on March 15, the United States Court of Appeals for the Fifth Circuit issued an order temporarily staying the rule.  [Read article here.]  On April 11, we will release a podcast episode discussing both the new SEC climate reporting rule and the new climate rules passed in California.  Be sure you subscribe to the Ag Law in the Field Podcast so you don’t miss it!

*Paying kids may offer a tax benefit to farmers/ranchers.  Farm Progress recently published an article about how compensating one’s children for the work they do on the farm or ranch may be a good tax strategy and allow the kids to begin saving for their future.  [Read article here.]  This same topic came up during my most recent podcast episode on tax tips for agricultural operations with Paul Neiffer as well.

*Texas property can be landlocked!  I put together a short YouTube video addressing the issue of landlocked property in Texas after several discussions this week with folks who incorrectly believed that Texas property could not be landlocked.  Learn about Texas law and why this is a major issue in the Lone Star State here.  To learn more, check out this Ag Law in the Field Podcast episode with Cassie Gresham.

Upcoming Programs

We are kicking April off with a bang.  I will be speaking at seven different events over the next two weeks.  To see a complete list of my upcoming programs, click here.  If you need more information on any of these programs, feel free to contact me!