Welcome to November!  I am not sure how we’ve reached this point in the year, but here we are.  Let’s get caught up on the lasted agricultural law news. 

Photo by Ginger Jordan 

* Texas sues federal government over listing freshwater mussels under Endangered Species Act.  The State of Texas has filed suit against the federal government challenging US Fish and Wildlife’s listing of several species of freshwater mussels as threatened or endangered under the Endangered Species Act.  Specifically, Texas alleges the federal government violated the Endangered Species Act, Administrative Procedures Act, and the National Environmental Policy Act in listing the mussels.

*Texas Land Commissioner signs largest carbon capture and sequestration lease in United States.  Texas Land Commissioner, Dawn Buckingham, M.D., recently signed a lease with ExxonMobil that is the largest carbon capture and sequestration lease in the country. The lease involves over 271,000 acres of submerged state land located in Jefferson, Chambers, and Galveston Counties.  Proceeds from the agreement will benefit the Texas Permanent School Fund. [Read Press Release here.] 

*Judge rules Idaho forfeiture laws apply to United States as water right holder.  The US District Court for the District of Idaho has sided with the State of Idaho in a dispute with the federal government over water rights.  Although the court found that some state water laws were unconstitutional as they applied only to the federal government, the statute providing that unused rights are forfeited after five years of non-use was constitutional and applicable to the United States.  [Read Opinion here and article here.] 

*Judge allows environmental group to intervene in groundwater battle in Hays County.  A federal judge has granted the Trinity Edwards Springs Protection Association (TESPA)’s Motion to Intervene in a lawsuit pitting the Hays Trinity Aquifer Conservation District against water supplier Aqua Texas. At issue in the case are allegations by the District that Aqua Texas over pumped the groundwater and owes over $440,000 in fines. The TESPA intervenors want to support the District and assert the rights of citizens it represents who are concerned about the loss of groundwater.  [Read article here.] 

*Court of Justice of European Union says countries cannot prohibit meat language on plant-based products.  We’ve seen lawsuits around the United States about whether states can pass laws prohibiting the use of meat type language on plant-based products.  Recently, the Court of Justice of the European Union faced a similar question and issued an opinion holding that EU countries cannot prohibit the use of terms associated with meat or products of animal origin on products that contain vegetable proteins.  [Read Abstract of Opinion here.]  Thanks to our friends at Penn State and their Ag Law Weekly Review for flagging this.

*Tips for securing a farm lease.  Anyone who has sought lease ground as a potential tenant knows it is a competitive market.  Prairie Farmer recently published an article by a farm manager offering 9 tips for prospective tenants to help secure a farm lease. [Read article here.] 

*Difficulty of waiting on the transition plan.  Farm Progress published an article by Rachel Schutte discussing the difficult position farm families find themselves in while waiting on the transition plan.  She offered some ideas of what the next generation can do during this period. [Read article here.] 

Upcoming Programs 

Next week, I’ll be walking in Memphis at the American Agricultural Law Association Conference.  If you are attending and you see me around, please introduce yourself! 

Additionally, our only live direct beef sales program, “Where’s the Beef? Legal and Economic Considerations for Direct Beef Sales,” will be November 22 in Bonham, TX.  For more info, click here! 

For my complete list of upcoming programs through the end of the year, click here.