Carbon contracts have been a popular topic of conversation for farmers and ranchers around the country.  As with any agreement, several legal and economic issues arise and should be carefully considered by producers before entering into a carbon contract.  A critical consideration is producers and landowners should never rely on verbal representations made by anyone related to a contract; assume only the written contractual terms will be enforceable.  Remember, this is new territory and many unknowns still exist about the carbon market and these carbon agreements.   I highly… Read More →

A California woman recently filed suit against Delta Airlines arguing that its claim to be the first carbon neutral airline is untrue and misleading to consumers.  There are a number of important considerations for those involved in agriculture generally and carbon contracts specifically to be gleaned from this case. Note:  All information below was obtained from the Plaintiffs’ Complaint.  Delta has not yet filed its Answer and there has been no judicial rulings on these allegations. Background Delta is one of the major commercial airlines in the United… Read More →

I was honored to be invited to be part of a team put together by the King Ranch Institute for Ranch Management tasked with providing information to ranchers about carbon contracts.  As part of our work, we drafted a white paper to help explain what carbon is, how it can be stored in the soil, how this market for selling carbon credits has arisen, who are the parties involved in the contracts, and what production, legal, and economic risks should be considered.  To view our paper, click here…. Read More →