Monthly Archives: April 2024

Texas Farmers Sue USDA for Alleged Discrimination

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A group of Texas farmers recently filed suit against the United States Department of Agriculture claiming that the USDA improperly discriminated against them in administering various disaster and pandemic relief programs. Plaintiffs in Strickland v. USDA challenge the USDA’s disparate treatment for certain producers based upon race and sex. The Plaintiffs assert that the USDA violated both the Equal Protection Clause of the US Constitution and the Administrative Procedures Act. Background The Plaintiffs note that over the past four years, Congress appropriated $13.7 billion to USDA to implement crop and… Read More →

April 26, 2024 Weekly Round Up

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We’re back with another Friday Weekly Round Up.  Let’s get caught up on some of the biggest stories in the news. *Texas farmers sue USDA for alleged discrimination.  Several Texas farmers have filed suit against the USDA claiming discrimination for how payments were calculated for certain programs. I wrote an article about the lawsuit for Southern Ag Today here.  On Monday, I will have a more detailed summary posted on the Texas Agriculture Law Blog as well. * USDA updates HPAI outbreak in dairy cattle status.  The USDA… Read More →

US Supreme Court Allows Texas Landowners Takings Claims to go Forward on Amended Complaint

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The United States Supreme Court issued a unanimous decision in Devillier v. Texas, allowing Texas landowners’ takings claims to proceed against the State of Texas under an amended complaint.  [Read Opinion here.] Background A group of Texas farmers, ranchers, and rural landowners filed an inverse condemnation action against the State of Texas claiming that the Texas Department of Transportation’s (DOT) widening of I-10 intentionally caused widespread flooding on their property resulting in a taking for which they were due just compensation. The Plaintiffs are more than 120 landowners who… Read More →

Ag Law in the Field Podcast Episodes 161-170

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Are you interested in agricultural law?  Do you want to hear from some of the best agricultural lawyers in the country?  We’ve got just the podcast for you!  The Ag Law in the Field Podcast releases bi-weekly and features a wide variety of topics impacting agriculture.  You can find us on all of your favorite podcast apps, just search for Ag Law in the Field or click here for our website. If you are not familiar with Ag Law in the Field or with podcasts in general, don’t… Read More →

April 12, 2024 Weekly Round Up

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The agricultural news continues to roll in from across the country. *Texas farmers file discrimination lawsuit against USDA.  Several Texas farmers have filed suit in federal court against the USDA claiming that in administering payment programs, the USDA illegally discriminated on the basis of race and sex.  Specifically, the farmers argue that the USDA improperly used different payment calculation methods for “socially disadvantaged” farmers (American Indians, Alaskan Natives, Asians, Asian-Americans, blacks/African-Americans, Hispanics, Hispanic-Americans, Native Hawaiians or other Pacific Islanders, and women) than it did for those farmers not… Read More →

Court Considers Nuisance and Trespass Complaint Against Texas Feed Mill

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The Austin Court of Appeals recently considered, Adcock v. Cal-Maine Foods, Inc., a lawsuit involving nuisance and trespass claims against a Texas feed mill filed by a neighboring landowner. Background Cal-Maine operates a chicken-feed mill.  Adcock is a neighboring property owner. In April 2019, Adcock sued Cal-Maine for nuisance and trespass complaining of the company’s “torment” of him and other residents since it acquired the mill from a prior owner 15 years ago.  He complains of Cal-Maine’s alleged release of “putrid odor of animal waste and chemicals,” loud noises,… Read More →

Family Dispute Leads to Litigation Over Handwritten Will

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This case, In the estate of Marilyn Frances Martinez, pits father against daughter in a dispute over whether language in a handwritten will is a valid devise of property under Texas law. Background Marilyn Martinez died of COVID in November 2020.  Less than 5 days later (117 hours, to be precise), her second husband, Raymond Martinez, died as well. She was survived by her son, Clifton, his daughter (her granddaughter) Desiray, and Desiray’s two siblings. After Marilyn’s death, Desiray, found a handwritten document among her belongings.  The first page… Read More →