July 2026 may be the most active month I remember when it comes to agricultural law news.  We have chosen some of the most important stories to include below.

John Deere tractor working in farm field / Photo by Samuel Solcan on Unsplash

• FTC and John Deere reach settlement in right to repair antitrust lawsuit. The Federal Trade Commission (FTC), along with five states (AZ, IL, MI, MN, WI), have agreed to settle an antitrust lawsuit against John Deere.  The settlement will require John Deere to provide farmers and independent repair shops with the same equipment repair resources and software provided to John Deere dealers.  This will be done under the supervision of the FTC and the Plaintiff states for the next 10 years.  The timeframe may be extended if John Deere violates the terms of the settlement. This settlement comes on the heels of a $99 million class action settlement John Deere agreed to in April that included similar right to repair provisions. [Also see:  TDN Progressive Farmer article / Right to repair podcast episode]
• Settlement ends Endangered Species Act protections for dunes sagebrush lizard. The US Fish and Wildlife Service (USFWS) and the State of Texas have entered into a settlement that resulted in USFWS removing the Endangered Species Act (ESA) for the dunes sagebrush lizard, a reptile native to Texas’ Permian Basin. As part of the settlement agreement USFWS agreed to vacate the current listing and re-evaluate the lizard’s status under the ESA. [Also see: Texas Tribune article]
• Lawsuit filed challenging rescission of definition of “harm” under the Endangered Species Act. Environmental groups have filed suit challenging the Trump Administration’s rule to rescind the definition of “harm” under the Endangered Species Act.  The rule is set to go into effect in September.  The Plaintiffs say that the new rule “goes against the fundamental purpose and spirit of the statute itself.”  The Secretary of the Interior, on the other hand, says that the rule “will restore the definition of ‘harm’ to its original intent under the ESA…”
• Landowner sues Groundwater Conservation District in East Texas water fight. Companies owned by Dallas investor, Kyle Bass, have filed suit in federal court against the Neches and Trinity Valleys Groundwater Conservation District and its board members.  Bass’ companies own land within the District’s jurisdiction filed permit applications to drill 43 wells across their two ranches.  They claim that a moratorium passed by the District blocks them from seeking permits to develop beneath their land.  The moratorium, passed in May and set to end in October, pauses the acceptance of new nonexempt drilling, operating, and water transfer permit applications until the District is able to update its rules and management plan.  There are some exceptions for pending applications, permit renewal, replacement wells, and other activities that would not increase groundwater use.  The Plaintiff companies claim they are the only applicants impacted by this moratorium, which they believe constitutes an unconstitutional taking of their private property rights.  [Also see:  The Texan article / Texas Water Law Update podcast episode]
• Additional issues involving Groundwater Conservation Districts. Speaking of Texas Groundwater Conservation Districts, there were no shortage of news stories this month.  First, there are a number of Groundwater Conservation District proposals around the state.  In Northeast Texas, 15 counties are currently working to develop Groundwater Conservation Districts in their areas to protect groundwater from being taken and shipped out of Northeast Texas. Meanwhile, in Corpus Christi, State Representative Denise Villalobos says she plans to file legislation to abolish the Corpus Christi Aquifer Storage and Recovery Conservation District and replace it with an “independent groundwater conservation district.” Finally, the Blanco-Pedernales GCD has submitted a resolution seeking “legislative clarity on industrial water rights” as data center development looms in their area.  Specifically, they asked the Legislature for “clarification and protection regarding the regulation of datacenters and concentrated demand locations” and urged lawmakers to clarify that GCDs have the power to deny permits where “resources cannot sustainably support demand.”

• Parties agree to temporary injunction in issue with improperly disposed of wind turbine materials. The State of Texas and two companies it sued for the improper disposal of wind turbine blades, nacelles, and other materials in Nolan County, Texas.  The parties agreed to, and the court has approved a temporary injunction in the case.  The injunction prevents the companies from accepting shipments of these materials and requires them to begin cleaning up two facilities in Sweetwater.

• Article highlights effect of Texas v. New Mexico settlement on Southern New Mexico farmers. You may recall that in May, the US Supreme Court approved a settlement in the decades long dispute over a compact governing the Rio Grande River between Texas and New Mexico.  The agreement requires New Mexico to purchase groundwater pumping rights from voluntary sellers over the next 10 years.  KRWG recently wrote an article highlighting how this settlement may impact farmers in Southern New Mexico.  Speaking of the United States Supreme Court and interstate water disputes, the Court has agreed to hear a lawsuit filed by Nebraska against Colorado over Colorado’s use of water in the South Platte River allegedly in violation of a century-old compact between the states.

• US Supreme Court to hear pipeline eminent domain fee case. Speaking of cases that will come before the high Court, the Justices will hear argument in Hoffmann v. WBI Energy Transmission, Inc., a case posing the question of whether North Dakota landowners can recover attorney’s fees after a natural gas pipeline acquires their property through federal eminent domain. The real issue is which laws should apply—state law, which allows attorney’s fee recovery, or federal law.  At issue is approximately $380,000 in fees.  The trial court sided with the landowners and ordered the company to pay the fees, but the United States Court of Appeals for the Eighth Circuit reversed. The landowners filed a Petition for Certiorari, which was granted.  [Also see Pipeline & Gas Journal article]

• Texas agricultural producers continue facing threats from New World screwworm and pasture mealybug. It has been a difficult summer for many agricultural producers in Texas. The state is currently dealing with both New World screwworm cases as well as another invasive pest, the pasture mealybug.  This pest poses a threat to pastures, hayfields, and forage resources.  Thus far, the pasture mealybug has been confirmed in 70 Texas counties. [Also see:  AgriLife Today article]

• Registration is open for the 2026 American Agricultural Law Association Symposium in Dallas, TX! If you are an ag lawyer or a law student interested in ag law, you cannot miss this event in Dallas this November!  We have worked hard on the agenda and are excited about our educational sessions, networking receptions, and more.  The room block is filling up quickly, so don’t wait to book your hotel and get registered for THE ag law event of the year!

Upcoming Programs

Next week, I will be in College Station for the Beef Cattle Short Course.  You can find our Texas Agriculture Law booth on the second floor of the MSC (on your way to lunch), and we would love for you to stop by to chat, see info about our upcoming programs and resources, and get a coupon code for our online courses!  On Tuesday, I will be hosting the Landowner Rights Session starting at 1:30 in Rudder Theatre.  Our topics will include eminent domain and transmission lines, farm and ranch estate planning, and water law.  You know—nothing like choosing the most controversial topics in the state to cover in one session!  If you are at Short Course and see me, please come say hi.  I love meeting you all!

As always, you can check out the Upcoming Programs tab for a complete list of where I’m headed next.