It is hard to believe we have made it to August! Here is the rundown of some of the ag law stories in the news!
Photo by Karli Kaase
EPA proposes approval of three over-the-top dicamba labels. The EPA published a proposed re-registration of three over-the-top dicamba products for use in cotton and soybeans. The products are: Engenia, Tavium, and KHNP0090 (formerly Xtendimax). The proposed registrations will contain a number of additional restrictions, including a prohibition on aerial application, a 240-foot buffer, and additional mitigation steps. Currently, public comment is open through August 22, 2025, on the proposed registrations. Click here for the EPA announcement and here to see the memorandum supporting the proposed re-registration.
Secretary announces USDA reorganization. Secretary of Agriculture, Brooke Rollins, announced a reorganization at USDA that will relocate more than half of the currently Washington, D.C. based USDA staff to regional hubs. She says this move will locate the staff closer to the people it serves and provide a more affordable cost of living for employees and their families. [Read article here.]
Justice Department sues California over Prop 12 requirements on laying hens. The Department of Justice has filed suit against California challenging the portion of Proposition 12 that applies to laying hens. Specifically, the DOJ argues that California’s requirement that all eggs sold in the state be from hens raised in accordance with California confinement laws is preempted by the Egg Products Inspection Act. [View Complaint here.]
Groundwater battle brewing in East Texas. A battle is brewing in East Texas between a Dallas-based executive who has purchased 11,000 of land in East Texas and plans to drill wells to explore, and potentially eventually export, groundwater. Other landowners have expressed concern over the impact this might have on their wells and groundwater rights at large town hall meetings. [Read article here.] Now, several poultry operations in the area, including Sanderson Farms, has filed suit arguing there was a conflict of interest for one of the Groundwater Conservation District board members who voted to approve the drilling application. [Read article here.] The Texas House Committee on Natural Resources held a hearing on this issue in July. [Read article here.]
Court imposed 10-year statute of limitation on inverse condemnation claim. The Amarillo Court of Appeals recently issued a decision in State v. Reimer, a lawsuit involving claims of inverse condemnation and adverse possession in a mineral rights dispute between a landowner and the State of Texas. The court dismissed the suit, finding that inverse condemnation actions must be filed within 10 years of a physical taking occurring. [Read article here.]
Upcoming Presentations
Next week, you can find me in College Station for the Texas A&M AgriLife Extension Beef Cattle Short Course. I coordinate and will be speaking at the Landowner Rights Session on Tuesday afternoon at 1:30 in Rudder Theater. You might also see my student worker, Karli Kaase, who will be manning our booth. Stop by to check out the goodies she has to give away and information about upcoming courses!
