We’ve made it to December!  While many people are slowing down as we head into the holidays, agricultural law is not!  Here are a few stories recently in the news.

Photo by Scott Ymker on Unsplash

*US Supreme Court will hear Texas property owners’ takings claims against DOT.  The US Supreme Court has granted the Petition for Certiorari in Devillier v. State of Texas, a case involving a lawsuit by property owners to cover flood damages they claim were caused by a DOT highway project.  [Read Petition here.]

*Second marriages and farm transition planning publication available.  Ohio State University recently released a publication focused on farm transition planning for people with second marriages.  These situations can present unique challenges from a farm and ranch transition standpoint, which is exactly what this publication discusses.  (Do note–Texas is a community property state, so the discussion of marital versus separate assets would be different under Texas law.)  [Read publication here.]

*Lawsuit challenging Arizona cage-free egg sales rule.  A restaurant owner has filed suit challenging an Arizona regulation that will require cage-free housing for all egg sales within the state. What makes this case different than other similar challenges is that this rule was not passed by voters (like California’s Prop 12) or the state legislature, but instead was promulgated by the Arizona Department of Agriculture. The lawsuit primarily focuses on challenging the agency’s authority to enact this regulation.  [Read Complaint here.]

*FAFSA application changing farm value reporting.  The Free Application for Federal Student Aid (FAFSA) will make a significant farm-related change for the 2024-25 school year.  The adjusted value of family farms, ranches, or small businesses will be used when calculating the expected financial contribution from parents. This may make it more difficult for farm or ranch children to qualify for need-based aid.  [Read article here.]

*Navigator CO2 cancels pipeline project.  Back in October, Navigator CO2 Ventures announced that it was cancelling one of the two biggest proposed CO2 pipeline projects in the Midwest.  The proposed 1,300 mile pipeline would have carried CO2 emissions from more than 20 ethanol plants in SD, NE, IA, MN, and IL and injected the CO2 underground in Illinois.  The move came after South Dakota rejected the Navigator permit in September. [Read press release here and article here.]

*Remembering Justice Sandra Day O’Connor.  Justice Sandra Day O’Connor passed away on December 1, 2023 at the age of 93.  As a female in the law and an avid Supreme Court junkie, I certainly admired Justice O’Connor, the first woman to serve on the High Court.  She sat on the bench for 24 years, before retiring to care for her ailing husband.  Politico published a great article about the Justice here.

*Ag law year in review podcast available.  Every December, Paul Goeringer and I record a podcast episode highlighting the biggest ag law issues of the year.  We released our 2023 episode this week.  To listen to our list of the most important issues, click here.

Upcoming Programs

I am working on a list of my 2024 programs as we speak, and I hope to have that posted next week.  We have some exciting events coming up for you in the new year!