Author Archives: tiffany.dowell

Appellate Court Reverses Million Dollar Verdict in Dispute Over Wind Rights

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The Amarillo Court of Appeals has reversed a $1.2 million jury award in a dispute over wind rights on land in Hale County. Background This lawsuit involves a dispute over who owns wind energy development rights on a 256-acre property in Hale County, Texas. Glendale King owned the land at issue.  In 2010, he entered into a Wind and Easement Lease Agreement with Hale County Wind Farm, LLC.  In that lease agreement, the property description was as follows: Glendale King – 100% All that real property located in… Read More →

US Supreme Court to Hear Case on Pesticide Preemption

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The United States Supreme Court has agreed to hear Durnell v. Monsanto, a case raising the question of whether state law failure-to-warn claims are preempted by federal pesticide law. Background Monsanto is an agrochemical company that has manufactured and sold the herbicide marketed under the tradename Roundup since 1970s.  Note that Bayer purchased Monsanto in 2018, so there may be references to both companies as we discuss the case.  Roundup is one of the most popular and most utilized herbicides in the United States and is used in both agricultural… Read More →

Court Finds Texas “Fake Meat” Labeling Law Violates First Amendment

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In January, the United States District Court for the Western District of Texas held a Texas law related to labeling of analogue meat products was unconstitutional in Turtle Island Foods Inc. v. Shuford.  [Read Order here.] Background In 2023, the Texas Legislature passed Senate Bill 664, a statute requiring specific labeling be included on any “analogue” meat products.  The statute defines “analogue product” as “a food product derived by combining processed plant products, insects, or fungus with food additives to approximate the texture, flavor, appearance, or other aesthetic… Read More →

February 2026 Monthly Round Up

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The month of February has brought a number of new court rulings, agency action, and litigation.  Let’s get caught up on some of the biggest agricultural law stories this month. *US Supreme Court strikes down tariffs under the International Emergency Economic Powers Act.  The United States Supreme Court issued its opinion in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs.  To enact such tariffs, the President would need “clear authority” from Congress, which the language in… Read More →

Sowing Seeds of Hope

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Recently, Shelley Huguley with Southwest Farm Press published an article and video featuring our FarmHope project.  We appreciate Shelley’s willingness to highlight our project. You can read the article here and view the video here. If you are involved in Texas agriculture or have family members in need of free counseling services, reach out to FarmHope at 979-436-0700.

2026 Federal Estate and Gift Tax Exemption Information

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We are ringing in 2026 with a change to the federal estate tax exemption.  Understanding how estate and gift taxes are calculated and knowing the current exemption amounts are key components to a successful estate plan. Background As we have discussed numerous times on this blog and our Ag Law in the Field Podcast, Congress sets an amount of assets that a person is allowed to give during their lifetime or at death without incurring estate or gift tax liability. This is known as the lifetime exemption.  The… Read More →

Ag Law Issues in 2025

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As we do every year, Shannon Ferrell, my friend and counterpart at Oklahoma State University, and I partnered up to write an article summarizing the year in agricultural law for Farm Progress.  This year, we had lots of exciting topics like estate taxes, air emissions reporting, animal confinement laws, DOJ investigations, dicamba label proposals, and WOTUS. What were our key issues for the year and what do you need to know?  Check out our article here! Additionally, if you missed the podcast episode I did summarizing ag law… Read More →

January 2026 Monthly Round Up

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For 2026, we have changed our bi-weekly round up of agricultural law news to a monthly round up that will be posted the last day of the month. If January is any indication, we are in for a busy 2026! * Texas “fake meat” labeling law found unconstitutional.  A federal district judge has found Texas’ “fake meat” labeling law, Texas Health & Safety Code 431.0825(d-1) unconstitutional.  Specifically, the court held the statute which requires certain wording such as “analogue,” “meatless,” “plant-based” or other similar language be included on… Read More →

Check Your Beneficiaries!

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The new year is the perfect time to double check that your beneficiary designations are up to date.   This is a critical part of the estate planning process that can easily be overlooked. I recently wrote an article about this topic for Southern Ag Today.  We also recently recorded a YouTube video as well.  Take the time to check out these resources and ensure your beneficiary designations are up to date.

A Practical Guide to Starting a Horse Riding Lesson Program

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When Dr. Chelsie Huseman, an associate professor and equine specialist with Texas A&M AgriLife Extension, reached out to ask if I would be a co-author on a publication for folks looking to start offering horse riding lessons, I was excited to participate.  There are a number of important legal considerations for people to take anytime they are offering lessons, instruction, the use of an arena, or boarding for horses. We recently published our guide, which is available here. Thanks to Dr. Huseman for including me on this project!… Read More →