It has been a remarkably busy few weeks for agricultural law around the country. Here are some of the biggest stories in the news.
Photo by Tom Fisk
* Government shutdown ends, Farm Bill programs extended. After 43 days, the federal government has re-opened. Included in the Continuing Resolution to fund the government through January 2026 was language that will extend the existing Farm Bill programs for another 12 months. [Read article here.]
* New WOTUS Rule proposed. As I have reported numerous times over the past decade, yet again, the Environmental Protection Agency and US Army Corps of Engineers have issued a new, revised WOTUS rule. Remember, the definition of “waters of the United States,” a term used to determine jurisdiction under the federal Clean Water Act has been the subject of rulemaking and litigation for many years. The Trump Administration released its new proposed rule that will, among other things, add new definitions to the terms “tributary,” “relatively permanent,” and “continuous surface connection.” It will also remove interstate waters from being jurisdictional just by virtue of crossing state lines and expressly exclude groundwater from the definition. The EPA will be accepting comments on the proposed rule for 45 days after its official publication in the Federal Register. [Read Proposed Rule here.]
* Trump administration announces Department of Justice investigation of beef packers. The Trump administration announced that the Department of Justice will begin an investigation into the largest meat packers in the United States (JBS, Cargill, Tyson Foods, and National Beef) to determine if they have violated federal antitrust laws. [Read article here.]
* Tyson will no longer advertise low-carbon beef per lawsuit settlement. Tyson Foods has announced it will no longer utilize their “net zero by 2050” claims or market their “climate smart beef” as a part of a settlement in a greenwashing lawsuit against the company. According to news reports, Tyson has agreed to settle the case, but will not be admitting any wrongdoing. [Read article here.]
* Cactus Water Services files second lawsuit against COG Operating involving produced water. The water wars are not over between Cactus Water Services and COG Operating. You may recall from this blog post that earlier this year, the Texas Supreme Court ruled that the produced water from a 37,000-acre ranch in Reeves County conveyed to COG as the mineral lessee. Now, Cactus Water Services has filed a second suit claiming that COG has been selling rights to the water not after it has been produced, but as it remains in place beneath the ground. This, Cactus argues, is not permitted under Texas law as the surface owner, not the mineral owner, owns the water in place beneath the land. [Read Complaint here.]
*Federal court enjoins one of California’s emissions reporting laws, allows other to remain in effect pending litigation. The United States Court of Appeals for the 9th Circuit has issued an injunction against SB 261, a California state law set to go into effect on January 1, 2026 requiring any company with gross revenues over $500 million doing business in California to report emissions to the state. The court allowed a second California emissions reporting law, SB 253, not set to go into effect until June 2026, to remain in place pending litigation. [Read article here.]
* Hansen-Mueller files bankruptcy. Nebraska-based grain warehouse, Hansen-Mueller, has filed for Chapter 11 bankruptcy. Any impacted producers should consult with an attorney and file a proof of claim in the bankruptcy proceeding. [Read article here.]
Upcoming Programs
I am officially down to my last two programs of 2025. Today, I’ll be speaking virtually at the Gillespie County Fuel Reduction Program. On December 11, I will be virtually presenting on fence law at the District 11 Judges and Commissioners Conference.
I’ve already started filling my calendar for 2026. You can see that here.
