Once again, it has been a busy year in agricultural law. There was so much to choose from, narrowing the list down to the top 10 issues proved challenging. With that caveat, here is our list of the top national legal issues for 2025. For those of you that prefer an audio option, much of this is discussed in our Ag Law in the Field Podcast Year in Review episode that will be available later this week!
Photo by Harper Lashmet
Congress Passed Permanent Increase to Lifetime Exemption for Estate Taxes
In July, the One Big Beautiful Bill Act included a provision increasing the lifetime unified credit amount for estate and gift taxes to cover $15 million in value for an individual and $30 million for couples. Without this action by Congress, the 2026 estate tax limit was set to revert back to prior levels of $5 million per person and $10 million per couple. The $15/$30 million exemption has no expiration date and it set to increase for inflation annually. Click here for more detail. To learn more about the estate tax in general, click here or listen to this prior podcast episode.
Litany of Actions Related to Farm Animal Confinement Laws
There have been a number of actions taken related to farm animal confinement laws such as California’s Proposition 12 and Massachusetts’ Question 3. First, the United States Court of Appeals for the First Circuit recently upheld Massachusetts Question 3, a law nearly identical to California’s proposition 12, which requires pork, eggs, and veal sold in Massachusetts to meet certain animal confinement standards. Opponents challenged the constitutionality of the law, claiming that it violated several constitutional principles including the dormant commerce clause. The First Circuit upheld the constitutionality of Question 3. Click here for more information. Second, Triumph Foods filed suit challenging the constitutionality of one specific provision, the federally inspected facilities exception, to California’s Proposition 12. A similar provision of Question 3 was held unconstitutional when challenged previously. Third, the United States Department of Justice filed suit against California claiming the portion of Proposition 12 applicable to laying hens is preempted by the Egg Products Inspection Act. Fourth, the United States Supreme Court declined to hear an appeal in Iowa v. Banta, allowing the appellate court decision to uphold Proposition 12 in place. Finally, Congress held a hearing over the summer looking at the impacts of Proposition 12 and potential legislative action. I was honored to have the opportunity to testify at that hearing. Read more about that here. At this point, Congress has not passed any bills on this issue.
New Dicamba Labels Proposed
As cotton and soybean farmers adjusted to the 2025 growing season without a legally labeled over-the-top dicamba option, new registrations were being filed and considered by the Environmental Protection Agency. At this point, registrations remain pending for three over-the-top Dicamba herbicides for cotton and soybeans: Engenia, Tavium, and KHNP0090 (formerly XtendiMax). The EPA announced a proposed decision to approve labels for the products over the summer, but a final decision has not been issued. The proposed decision included a number of additional limitations and restrictions for users. Will producers have these products in time for 2026? Time will tell.
Federal Court Upheld Livestock and Poultry Exemption from Air Emissions Reporting; Appeal Filed
In August, the United States District Court for the District of Columbia upheld an exemption to air emissions reporting that exempts livestock and poultry operations from filing such reports under federal law. Congress expressly excluded livestock and poultry farms from reporting requirements under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but did not include similar express language to exempt these operations from similar reporting requirements under the Emergency Planning and Community Right-to-Know Act. The district court held that livestock and poultry operations are exempt under both statutes. Therefore, no air emissions reporting is required. In October, Plaintiffs filed a Notice of Appeal of this decision, but no action has been taken on that notice at this point. Click here for more detail.
Lawsuit Challenging “Product of the USA” Labeling for Beef Pending
A lawsuit involving the rules related to labeling beef as “product of the USA” is currently on appeal before the United States Court of Appeals for the Eighth Circuit. The lawsuit was filed by South Dakota ranchers against the largest beef packing companies in the United States, claiming that Defendants’ labeling of products “product of the USA” is misleading for animals not born, raised, and slaughtered in the United States. The trial court denied the Defendants’ Motion to Dismiss, and they appealed to the Eighth Circuit. Eleven states filed an amicus brief in support of the Plaintiffs.
Litigation Continues Over Lesser Prairie Chicken Listing
The listing of the lesser prairie chicken under the Endangered Species Act continues to be litigated in Court. In August, the United States District Court for the Western District of Texas issued an order vacating the listing of the lesser prairie chicken under the Endangered Species Act. The order came after the United States Department of Fish and Wildlife admitted to failing to follow proper procedures and consider required information in listing the species. Learn more here. In September, two environmental groups filed a Notice of Appeal of the district court decision. No action has been taken on that appeal at this time.
Federal Judge Allowed Lawsuit Challenging Electronic Ear Tag Requirement to Go Forward
A federal judge in South Dakota denied a motion to dismiss in R-CALF v. USDA, a lawsuit filed by R-Calf and other agricultural groups challenging the USDA mandate requiring electronic ear tags for certain cattle and bison crossing state lines. Plaintiffs claimed the regulation, which went into effect in November 2024, was unnecessary and burdensome on the cattle industry. The court held that the facts alleged by the Plaintiffs were sufficient to survive a motion to dismiss. This means the lawsuit will proceed with discovery.
The WOTUS Saga Continues
It is possible to write an ag law year in review without the mention of WOTUS? At least this year, the answer is no.
The Environmental Protection Agency and US Army Corps of Engineers have issued a new, proposed WOTUS definition. Highlights include adding 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 until January 5, 2026.
DOJ to investigate 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.
The Corporate Transparency Act Concern Dissipates.
As the clock struck midnight on January 1, 2025, one of the biggest legal issues swirling around involved the new reporting requirements under the Corporate Transparency Act. As we head into 2026, hardly anyone is talking about this law anymore. The reason for this change came in March when the United States Department of the Treasury announced it would no longer enforce beneficial ownership reporting against U.S. citizens or domestic reporting companies.
Conclusion
As you can see, there are a number of key legal issues that have come to the forefront in 2025. There remain many pending issues that we will likely be discussing this time next year.
Lastly, it is not lost on me how fortunate I am to be able to do the work I do. I am grateful to work on interesting topics in an industry I love in a manner that lets me help others. We’d like to sincerely thank you for reading the Texas Agriculture Law Blog, listening to the Ag Law in the Field Podcast, tuning into our Texas Agriculture Law You Tube Channel, and attending our various programs around the state. We appreciate your support and wish you all the happiest holiday.
