Search Results for: sackett

US Supreme Court Issues Opinion in WOTUS Case, Sackett v. EPA

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The United States Supreme Court has issued its Opinion in Sackett v. EPA, a case looking at the proper test to determine whether a wetland is jurisdictional under the Clean Water Act (CWA).  To hear my discussion on this case with our favorite law professors, Jesse Richardson and Anthony Schutz, click here.  To read a significantly shorter Q&A interview about the case I did with Progressive Cattle, click here. Short Summary For those of you who have no interest in reading such a long description, here is a … Read More →

2023 Ag Law Year in Review – National

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I am always amazed when I sit down and look at all of the agricultural law news over the last year.  2023 was no exception, and there was no shortage of news in the ag law realm.  If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →

November 17, 2023 Weekly Round Up

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There have been a number of developments in key agricultural law issues around the country over the past couple of weeks.  From the Farm Bill to Right to Farm, WOTUS to water law, we’ll get you up to speed! *Texas voters pass Constitutional right to farm, other Constitutional amendments.  On November 7, Texas voters overwhelmingly passed Proposition 1, which means that Texans now have a right to farming, ranching, timber production, horticulture, and wildlife management in the State Constitution.  [Read more about Prop 1 language here and read… Read More →

Ag Law in the Field Podcast: Episodes 151-160

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Did you know we have a podcast about agricultural law called Ag Law in the Field?  It is a really fun project that allows me to introduce listeners to some of the best ag lawyers in the country.  If you aren’t familiar with Ag Law in the Field or with podcasts in general, don’t panic.  This is simply another resource that I have available for you to learn more about agricultural law.  Each episode is audio-only, and I interview an ag lawyer or other expert about a specific… Read More →

EPA Releases Revised WOTUS Definition

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Last week, the Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“COE”) released a final rule to amend the WOTUS definition previously issued in January.  This amended rule was issued in response to the United States Supreme Court’s decision in Sackett v. EPA. Background The definition of WOTUS is really a question regarding the scope of the Clean Water Act (“CWA”). Congress, acting under the Commerce Clause, passed the CWA in 1972.  The CWA gave federal jurisdiction over “navigable waters,” a term that was defined as… Read More →

July 14, 2023 Weekly Round Up

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There has been no summer break for news in the agricultural law world.  Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released.  A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year.  The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

SCOTUS 2022-23 Term Ag Law Recap

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The United States Supreme Court has finished releasing opinions for its 2022-2023 term.  There were a number of opinions related to agricultural law issues that are worth highlighting. Sackett v. EPA [Opinion] We have extensively covered this case dealing with the proper definition of “waters of the United States” under the Clean Water Act.  [Blog post / Podcast episode]  The Justices issued an interesting opinion in which they unanimously held the “significant nexus test” is not the proper test to determine whether a wetland constitutes a WOTUS and that… Read More →

June 30, 2023 Weekly Round Up

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Happy Friday and Happy Independence Day to everyone!  We’ve got a number of ag law issues to cover in today’s Weekly Round Up. *EPA to revise WOTUS rule by September 1 to comply with SCOTUS decision in Sackett v. EPA.   The EPA announced it will issue a revised final WOTUS Rule by September 1 in light of the US Supreme Court decision in Sackett v. EPA.  As you recall from this blog post and this podcast episode, the Supreme Court unanimously ruled that the “significant nexus test” was not the… Read More →

June 16, 2023 Weekly Round Up

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We’re back with some helpful resources and information about agricultural law for your Friday! *Florida foreign ag land ownership law facing legal challenge.  Micah Brown from the National Ag Law Center recently wrote a great summary of lawsuit challenging Florida’s foreign ag land ownership law as unconstitutional.  [Read article here.]  To hear Micah and I discuss foreign ag land ownership laws generally, click here. *EPA appears to continue to fight for WOTUS Rule.  You may recall from this blog post my prediction that the Biden administration would likely… Read More →

June 9, 2023 Weekly Round Up

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Happy June!  We’ve got plenty of ag law news to kick off the summer. *US Supreme Court rules for landowner in Sackett v. EPA, abandons “significant nexus test” for WOTUS.  I’ll have a lengthy blog post about this decision on Monday, but meanwhile, you can read a Q&A interview I did with Progressive Cattle about the decision and what it means for agriculture here. You can also listen to me and two of the best water law professors in the country break it down on my Ag Law in… Read More →