Search Results for: prop 12

“An Examination of the Implications of Proposition 12” – My Experience Testifying Before the House Ag Committee

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Last week, I had the honor of being a witness at a hearing of the House Committee on Agriculture in Washington, DC looking at the implications of Proposition 12. It was a really great experience, and I am so grateful to Ranking Member, Angie Craig, for the invitation to participate in the hearing.  I also want to thank the many friends and colleagues who helped me prepare for my testimony.  As I noted in my testimony, this is an important issue for producers and agribusinesses across the country. … Read More →

United States Supreme Court Allows Proposition 12 to Stand

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The United States Supreme Court has ruled in a closely watched agricultural law case involving California’s Proposition 12.  [Read Opinion here.] Background  In 2018, California voters passed Proposition 12 (“Prop 12”), a ballot initiative setting production standards for eggs, veal, and pork sold in California.  Relevant in this case, Prop 12 prohibited the sale of whole pork meat from breeding pigs or their immediate offspring that were “confined in a cruel manner.”  “Cruel” conditions were defined as a pig being unable to lie down, stand up, fully extend… Read More →

US Supreme Court Will Hear Proposition 12 Challenge

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On March 28, the United States Supreme Court granted the petition for certiorari in National Pork Producers v. Ross, a lawsuit challenging the constitutionality of California’s Proposition 12 (Prop 12).  To hear more about animal confinement statutes generally and Prop 12 specifically, click here for a podcast episode I did with Beth Rumley from the National Agricultural Law Center. Background Prop 12, passed by California voters in 2018, makes it illegal to sell pork in California unless the pig from which it comes was born to a sow housed… Read More →

September 12, 2025 Weekly Round Up

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It has been another couple of busy weeks for agricultural law news around the country.  Let’s get caught up. *Federal judge dismisses challenge to Texas’ new foreign ownership law.  A federal judge in the Southern District of Texas has dismissed a lawsuit challenging the constitutionality of SB 17, the law recently passed by the Texas Legislature prohibiting citizens, businesses and governments from certain countries from owning real property in Texas.  The court held that the plaintiffs, three Chinese citizens, lacked standing to bring their claims as they are… Read More →

New Resource Available: Landlocked Property Law in Texas Fact Sheet

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We’re excited to announce the release of a new fact sheet designed to help Texas landowners, agricultural producers, and rural residents better understand a common and often confusing issue—landlocked property. Photo by Karli Kaase What Is Landlocked Property? A landlocked property is one that has no legal access to a public road. This situation is more common than many might think, particularly in rural Texas. Whether the result of an old subdivision, a partition among heirs, or the sale of interior tracts, landlocked parcels can raise serious questions… Read More →

April 12, 2024 Weekly Round Up

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The agricultural news continues to roll in from across the country. *Texas farmers file discrimination lawsuit against USDA.  Several Texas farmers have filed suit in federal court against the USDA claiming that in administering payment programs, the USDA illegally discriminated on the basis of race and sex.  Specifically, the farmers argue that the USDA improperly used different payment calculation methods for “socially disadvantaged” farmers (American Indians, Alaskan Natives, Asians, Asian-Americans, blacks/African-Americans, Hispanics, Hispanic-Americans, Native Hawaiians or other Pacific Islanders, and women) than it did for those farmers not… Read More →

Landowner Liability for Accident on Roadway Adjacent to Property

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Does a landowner owe a duty of care to a visitor who was killed while crossing a Farm-to-Market road leaving the landowner’s property?  This was the question recently before the Beaumont Court of Appeals in Jones v. Wright.  [Read Opinion here.] Background In December 2018, Daylen Jones, a minor, was killed when he was hit by a truck while crossing across FM 1960 after visiting property owned by the Wrights.  For years, the Wrights set up a Christmas display known as “Wrights’ Lights” and allowed the public to… Read More →

Case Offers Reminder: Property Can Be Landlocked in Texas

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A recent Waco Court of Appeals decision in Fort Worth & Western Railroad Co. v. Albert offers an important reminder that property can, indeed, be landlocked in Texas. [Read opinion here.] Background In April 2016, Albert purchased 10 acres of land in Johnson County, Texas to build and operate a cement mixing plant.  To do so, he and two business partners formed Chisholm Trail Redi-Mix, LLC.   The only access to Albert’s property was to cross a single-lane gravel railroad crossing over the neighboring property, currently owned by Ft. Worth &… Read More →

November 12, 2021 Weekly Round Up

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Welcome to another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *PRF (Rainfall Insurance) deadline is December 1 for 2022 sign up.  Did you know you can purchase rainfall insurance?  Essentially, PRF insurance allows you to insure a percentage of normal rainfall for your area, and you trigger a payment if rainfall falls below your insured percentage.  This can be a great risk management tool for livestock producers who have cattle or other livestock on grass. … Read More →

Summary of Proposed Texas Hemp Regulations

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UPDATE:  On February 27, 2020, the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production. until October 31, 2021 or the publication of the Final Rule, whichever is earlier.  First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA registered laboratories.  Instead, testing may be conducted by labs that are not yet DEA registered.  Second, USDA will delay enforcement of the requirement that producers use a DEA-registered reverse distrubutor or law enforcement to… Read More →