Fall has arrived and brought a number of agricultural law developments along with it.
*Federal appellate court dismisses challenge to removal of lesser prairie-chicken from Endangered Species List. The United States Court of Appeals for the Fifth Circuit recently issued an order dismissing a challenge to a lower court order removing the lesser prairie-chicken from the list of covered species under the Endangered Species Act. The court held that the trial court erred in now allowing two conservation groups to intervene in the lawsuit, but then held that because the groups lacked standing to challenge the vacatur of the listing, it would not reach the merits of the case.
*Public Utility Commission files suit against Attorney General to stop data center records release. The Public Utility Commission has filed suit against Attorney General Ken Paxton’s office seeking to block the release of information related to the locations of data centers and virtual currency mines. The PUC claims that details on the counties and regional water planning areas where the facilities are located are “privileged” exempt from disclosure under the Texas Homeland Security Act. A Texas Tribune article describes the lawsuit.
*Changes to dyed diesel regulations. There have recently been changes to the current regulations on using dyed diesel on highways at both the federal and state level here in Texas. The National Agricultural Law Center published a great article walking through the current status of these laws.
*USDA announces $8 billion in harvest fuel relief for farmers. The USDA issued a press release announcing an $8 billion Harvest Fuel Relief program that will provide one-time payments to American farmers during the 2026 harvest season. Payments will be calculated based on FSA reported planted acres, ERS cost-of-production estimates, and World Agricultural Supply and Demand Estimates yields and prices. The program will be administered by the FSA.
*Federal judge dismisses challenge to Michigan’s cage-free egg law. A federal judge in Michigan dismissed a lawsuit filed by the Department of Justice challenging a Michigan law prohibiting the sale of eggs produced by hens not meeting the state’s cage-free requirements. The DOJ claimed that the state law was preempted by the federal Egg Products Inspection Act. The court did not reach the merits of the claim, holding, instead, that the DOJ lacked standing to bring the case because it failed to identify a concrete injury to a federal operation, interest or property.
*Ag data changes in the past decade. Todd Janzen wrote an interesting article looking at the changes (or lack thereof) to ag data issues over the last decade of working in this space.
*Two estate planning mistakes for homeowners to stop making. I enjoyed this article from Community Impact looking at two estate planning mistakes an Austin-area attorney wishes homeowners would stop making. These are good points for farm and ranch owners to consider as well.
*Pasture leasing versus buying article. I recently did an interview with DTN Progressive Farmer magazine for an article about the decision of whether it is best to lease or purchase pasture for a livestock operation.
Upcoming Presentations
November is kicking off with a bang. On the first, I will be headed to Washington, D.C. to be sworn in as a member of the United States Supreme Court Bar. From there, I will head to Dallas where, after a year of planning, it is finally time for the 47th Annual American Agricultural Law Association Symposium! I will be co-presenting the Land Use Update with my friend, Jesse Richardson, as well as completing my duties as President-elect of the organization.
You can always view my complete list of upcoming presentations.
