Author Archives: tiffany.dowell

Texas Supreme Court Analyzes Herbicide Drift Case

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Last week, the Texas Supreme Court issued an opinion in Helena Chemical Co. v. Cox, a case pitting cotton farmers against an aerial herbicide applicator. [Read opinion here.] Background Plaintiffs grow cotton in Mitchell County, Texas.  They allege that defendant, Helena Chemical Company (“Helena”), supervised aerial application of Sendero, a herbicide primarily used to kill mesquite trees, on the Spade Ranch.  Plaintiffs claim that the Sendero sprayed on the Spade Ranch over several days in 2015 and 2016 drifted and damaged their cotton crops.  They blame this drift for… Read More →

Many Over the Counter Livestock Antibiotics to Require Prescription Starting in June

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In January, the Food & Drug Administration (FDA) released specific details on a change to how certain antibiotics for animal use may be purchased.  As of June 11, 2023, a number of veterinary antibiotics considered “medically important antimicrobials” previously sold over the counter will require a veterinary prescription in order to purchase.  Here are answers to some common questions surrounding this new rule. What is the new rule?  The Food and Drug Administration’s CVM GIF #263 makes changes to the availability of certain over the counter antibiotics for… Read More →

March 10, 2023 Weekly Round Up

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Once again, it has been a busy couple of weeks on the agricultural law front.  Here are some of the key ag law stories in the news. *US Supreme Court will not hear New Mexico stream access case.  The United States Supreme Court has denied a Petition for Certiorari in  Chama Troutstalkers, LLC v. Adobe Whitewater Club of New Mexico.  You may recall from this prior blog post that the New Mexico Supreme Court held laws allowing landowners to close portions of streams on private property were unconstitutional.  This… Read More →

Overview of Biden WOTUS Rule

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On December 20, 2022, the Environmental Protection Agency and the US Army Corps of Engineers released its Final Rule redefining “waters of the United States” (“WOTUS”) under the Clean Water Act (“Biden Rule”).  [Read Biden Rule here.]  The Biden Rule is set to go into effect on March 20, 2023.  There have, however, been lawsuits challenging the Final Rule that could impact this effective date.  [Read Complaint here and Complaint here.] Background For those of you keeping score, this marks the third attempt by the EPA to redefine… Read More →

Texas Oil & Gas Law: When 1/2 of 1/8 Not Equal 1/16

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The Texas Supreme Court recently issued a ruling in Van Dyke v. The Navigator Group, an interesting case involving the use of double fractions in historic oil and gas documents.  [Read Opinion here.]  As the Court noted to open its opinion, “Only in a legal context could the formula ‘one-half of one-eighth’ mean anything other than one-sixteenth.” Background In 1924, the Mulkeys conveyed their ranch and the underlying minerals to White & Tom with the following reservation: It is understood and agreed that one-half of one-eighth of all minerals… Read More →

February 24, 2023 Weekly Round Up

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We’ve reached the last Friday in February.  Here are some of the biggest stories in the news this week. *San Antonio Court of Appeals dismisses PETA lawsuit for lack of standing.  A recent San Antonio Court of Appeals decision in PETA v. Bandera Wranglers dismissed PETA’s challenge to a hog catching contest in Bandera, Texas.  Specifically, the court found that Texas did not recognize organizational standing and that the individual member who was also named as a plaintiff also failed to show standing as she offered only hypothetical concerns… Read More →

Survey of Texas Agricultural Producers and Landowners Results

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You may recall this time last year, Dr. Justin Benavidez and I were working hard to get Texas landowners and ag producers to respond to our survey on land ownership.  This project was funded by the Texas Corn Producers.  We were thrilled that nearly 650 people responded.  To those of you included in that number, thank you! Thanks to the data set we had to work with, we were able to catch an interesting glimpse and insight into rural land ownership in Texas.  We are excited to have… Read More →

February 17, 2023 Weekly Round Up

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We’re back with another collection of ag law stories in the news over the past couple of weeks. *Over the counter antibiotics will require prescription starting in June.  Texas A&M AgriLife Extension recently published an article looking at changes coming to how producers can buy certain antibiotics for livestock.  Starting on June 11, medically important antimicrobial drugs will require a prescription for purchase.  The article includes a list of products that will be affected by this new rule including penicillin, oxytetracycline, and more.  Experts advise producers should take the… Read More →

Case Addresses Dedication of Public Roads

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A recent San Antonio Court of Appeals case, Holly v. Newberry Ranches of Texas, offers a good overview of the law surrounding dedication of public roads.  [Read opinion here.] Background The Hollys own 1,500 acres in Val Verde County.  This property was acquired from two deeds, one in 2004 and one in 2005.  Both deeds reference “a county-maintained gravel road” known as Arledge Road.  In 2012, the Hollys protested the inclusion of Arledge Road in the Val Verde County Road map.  As part of that protest, a jury of… Read More →

Does Lender Have PMSI in Harvested Crop When Funds Purchased Seed & Chemical?

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An Amarillo Court of Appeals decision in Agrifund, LLC v. First State Bank of Shallowater, addressed an interesting question of whether a lender has a purchase money security interest in a harvested crop when the funds were used to purchase seed and chemical to grow the crop.  [Read Opinion here.] Background In 2017, the Garys borrowed money from Agrifund to finance their farming operation.  They received extensions of credit under a number of promissory notes with the final note executed in December 2017.  Payment of the final note included… Read More →