Welcome back to another Weekly Round Up where we get you caught up on some of the biggest stories in ag law news around the country.

Photo by Kiya Golara

*Federal court finds FTC ban on noncompete agreements unlawful, sets rule aside in nationwide order.  A federal judge in Texas held that the FTC’s recent rule prohibiting most noncompete agreements is unlawful.  The court held that the rule went beyond the FTC’s authority and was arbitrary and capricious.  The judge issued an order setting aside the rule on a nationwide basis.  This is in contrast to an opinion from a Pennsylvania court that upheld the order.  The FTC certainly could appeal this decision, but unless and until a potential appeal is decided, the rule will not go into effect. [Read article here.]

*Petition for review of Fifth Circuit decision upholding Texas drone law filed with US Supreme Court.  The plaintiffs in National Press Photographers Association v. Higgins have filed a Petition for a Writ of Certiorari with the US Supreme Court seeking review of a decision by the US Court of Appeals for the Fifth Circuit upholding Texas’ drone privacy law. The Petition has been distributed for conference on September 30, 2024.  At that point, the Justices will vote on whether to hear the case.  [Read Petition here.]

*Texas ranch owner sues over leaking and improperly plugged oil wells.  A West Texas ranch owner has filed suit against a number of oil companies, including Chevron, alleging that the companies improperly plugged or failed to plug oil wells on the ranch. [Read article here.]

*South Dakota Supreme Court rules that C02 pipeline does not have eminent domain power.  The South Dakota Supreme Court held that Summit Carbon Solutions is not a common carrier under South Dakota law, and, therefore, does not have eminent domain power.  [Read article here.]

*EPA bans Dacthal. Earlier this month, the EPA announced the emergency suspension of all registrations for the pesticide Dachtal, a chemical used on crops and grasses to control weeds.  In particular, the EPA found the pesticide poses a significant risk to pregnant women and unborn children.  The suspension by the EPA is the first of its kind in 40 years.   [Read article here.]

*Court upholds Massachusetts’ Question 3.  Last month, a federal court in Massachusetts upheld Massachusetts’ Question 3, a law prohibiting the sale of pork in Massachusetts that does not comply with the state’s animal confinement laws.  Plaintiffs challenging the law argued it was preempted by the Federal Meat Inspection Act.  The court disagreed, holding there was no preemption.  [Read Order here.]

*College students should add powers of attorney and HIPAA release to back-to-school checklist.  I know many college students headed back this week.  I previously wrote an article about the documents such as powers of attorney and a HIPAA release that all adults over 18 (including college students) should have in place.  This is the perfect time of year to get this in order.  [Read article here.]

*Understanding trust components and how they work.  Farm Progress published a helpful article explaining the different components of a trust and how they work.  This is a great overview for anyone considering using a trust in their operation or as part of their estate plan.  [Read article here.]

*Court rules in lawsuit over seating at Kyle Field.  Given that college football season is only days away, we’ve got a case involving fans (who were also large donors) who were promised “best available” seats at Kyle Field, the football stadium at Texas A&M University for life or 30 years.  When Texas A&M remodeled and expanded the stadium, the donors were reassigned to seats they did not believe were the best.  The fans filed suit and the question on appeal was whether the foundation owed a fiduciary duty or duty of good faith and fair dealing to the fans/donors.  The court held there was no such duty.  Some of the plaintiffs may be able to prove their legal right to certain seating based on individual conversations as the litigation progresses.   [Read Opinion here.]

Upcoming Presentations

We’re on the road next week.  We will be at our Owning Your Piece of Texas program in San Marcos on Monday.  We still have room, so please join us by registering here!   On Monday evening, I’ll be doing a virtually assisted program for the West Region.  A number of County Extension Agents will be hosting the event in their counties, and I will be beaming in to talk hunting leases.  On Tuesday, I’ll be in San Antonio to talk farm and ranch estate planning and farm stress.  To register for this free event, click here.

To see my complete list of upcoming programs, click here.