For 2026, we have changed our bi-weekly round up of agricultural law news to a monthly round up that will be posted the last day of the month.
Photo by Niki Clark
If January is any indication, we are in for a busy 2026!
* Texas “fake meat” labeling law found unconstitutional. A federal district judge has found Texas’ “fake meat” labeling law, Texas Health & Safety Code 431.0825(d-1) unconstitutional. Specifically, the court held the statute which requires certain wording such as “analogue,” “meatless,” “plant-based” or other similar language be included on product labels for analogue products violates the First Amendment. [Read Order here.] We will have a full blog post on this in the coming weeks.
* Court allows lawsuit challenging two year ban on cell-cultured meat to go forward. A federal judge has denied Texas’ motion to dismiss in a lawsuit challenging the constitutionality of Senate Bill 261, which prohibits the sale of cell-cultured meat in Texas for two years. [Read article here.]
* United States Supreme Court will hear appeal in Roundup case. The United States Supreme Court has granted certiorari in Durnell v. Monsanto, a lawsuit focused on whether federal pesticide law preempts state products liability claims. Specifically, the lawsuit centers on whether Monsanto, the manufacturer of Roundup, failed to warn consumers that Roundup might cause cancer. Around the country, a circuit split has developed on the question of whether state law claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act. [Read article here.]
*Data centers dominate media coverage, policy discussions. Data centers continue to be a hot topic of conversation. Just this month, we released a podcast episode discussing data centers and common legal issues. Texas Agricultural Commissioner, Sid Miller, recently announced a new proposal to utilize Agricultural Freedom Zones to “guide data center development to appropriate areas.” [Read press release here.] Farm Progress is publishing a series called “Paved Over,” which looks at the impact of technology on agriculture, including this article on data centers.
*Texas landowners appeal PFAS decision. Plaintiffs are appealing a federal court decision which held that the EPA has no duty to regulate PFAS in biosolids. The court held that while the Clean Water Act does require the EPA to review regulations related to “sewage sludge” every-other-year, there is no similar timeline for when the EAP must adopt new regulations. The Plaintiffs have filed an appeal.
*Texas landowner sues oil and gas companies over saltwater injection wells. A Crane County landowner has filed suit against eight oil and gas companies claiming their improper operation of injection wells and improper plugging of old wells has caused “catastrophic impacts” to his land. [Read article here.]
* Exxon Mobil sues California challenging climate disclosure laws. Exxon Mobil has filed suit challenging California’s climate disclosure laws. [Read article here.] For background on the climate disclosure laws at issue, check out this prior podcast episode.
*North Dakota court strikes down carbon capture law. In an interesting case out of North Dakota, Northwest Landowners Association v. North Dakota, involves a state law providing that once a carbon capture project is completed, the title to both the storage location and the CO2 held in storage is transferred to the state. The trial court held that this law, which does not require any compensation to landowners in this scenario, constitutes an unconstitutional taking of private property without just compensation. [Read Order here.]
*Article outlines expansion of USDA payment limit eligibility for certain LLCs under One Big Beautiful Bill Act. The Prairie Farmer recently published an article highlighting the changes that the One Big Beautiful Bill Act made to USDA program payment limits. Under the new law, LLCs and S-corporations taxed as partnerships will qualify for multiple payment limits–allowing each qualifying member actively engaged in farming to receive up to a payment limit. Previously, these entities were limited to one limit per entity. [Read article here and listen to prior podcast here.]
*USDA further postpones implementation of Horse Protection Act amendments. USDA APHIS has announced that the final rule amendments to the Horse Protection Act set to go into effect on February 1, 2026, will be postponed until December 31, 2026. [Read article here.]
*Four-step estate checkup. A column called Legal Talk Texas published a good article offering four simple but important steps individuals should take at the beginning of the year to ensure their estate plan remains current and complete. [Read article here.]
*Preparing heirs to lead the farm. Farm Progress published two interesting articles focused on preparing heirs to lead the farm. This is an important, and sometimes overlooked part, of the estate planning process. [Read articles here and here.]
*Our former colleague named Chief Economist at USDA. Our former colleague, Dr. Justin Benavidez, has been named Chief Economist at USDA. We are thrilled for his continued success and wish him the best in his new role. [Read article here.]
Upcoming Presentations
While I was busy with a number of presentations in January, I will not be speaking in February as I will be spending most of the month chasing my kids at various major stock shows here in Texas.
As always, you can see my complete speaking schedule here.
Also, my online courses are always available on demand! Check out our Online Owning Your Piece of Texas, Ranchers Leasing Workshop, and Where’s the Beef Direct Beef Sales Courses on your timeline.
