Category Archives: “Ag Gag” Statutes

March 10, 2023 Weekly Round Up

Posted on by

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 →

Updates from Iowa: Right to Farm Statute Upheld; “Ag Gag” Statute Unconstitutional

Posted on by

Earlier this year, the Iowa Supreme Court issued two agricultural law opinions that are critical to the state’s animal agriculture industry.  The discussion below is merely a summary of each case–for more information and detail, be sure to read the full opinions. Right to Farm Statute Upheld In August, the Iowa Supreme Court  issued an amended 4-3 opinion upholding the state’s Right to Farm law in Garrison v. New Fashion Pork LLP.  [Read opinion here.]  Specifically at issue was the Iowa Constitution’s inalienable rights clause and its application to… Read More →

April 29, 2022 Weekly Round Up

Posted on by

It is hard to believe we have reached the end of April, but here we are!  Lots of agricultural law news happening around the country. *Article highlights nuance with 10% cap on residence homestead tax.  My colleague, Dr. Blake Bennett, recently published a fact sheet looking at a nuance within the Texas Property Code related to the 10% cap on the yearly increase for residence homestead taxes in Texas.  The Texas Property Code places a 10% limitation on the amount a County Appraisal District may increase the appraised… Read More →

March 18, 2022 Weekly Round Up

Posted on by

It has a been a wild couple of weeks around here with seven presentations since the last Weekly Round Up.  Like my schedule, it’s been a busy couple of weeks in the ag law realm as well. * Parties continue settlement discussions in Texas v. New Mexico.  As noted last week, the Special Master overseeing the litigation in Texas v. New Mexico postponed the trial date and gave the parties until March 1 to report back on settlement negotiations.  The parties have asked for additional time to continue ongoing negotiations and will… Read More →

December 3, 2021 Weekly Round Up

Posted on by

Happy December!  There has been a lot of agricultural law news over the past few weeks, so here are some of the biggest stories impacting agriculture. *Texas Supreme Court denied petition for review in Lyle v. Midway Solar.  Earlier this year, the El Paso Court of Appeals dismissed a lawsuit filed by mineral owners against a solar company for building a solar farm on the property.  The court held that the accommodation doctrine would apply, but that because the mineral owner had not sought to actually develop the minerals,… Read More →

Trifecta of “Ag Gag” Opinions

Posted on by

Recently, there have been three appellate court opinions related to “ag gag” statutes in states around the country.  Although they differ in detail, “ag gag” statutes essentially make it illegal to gain access to agricultural operations in order to photograph or record agricultural operations without consent.  They target both unauthorized access such as trespass, but also frequently prohibit providing false information, such as on an employment application, to gain access to the facility. Here is a brief summary of those recent decisions.  For a more detailed explanation of… Read More →

August 27, 2021 Weekly Round Up

Posted on by

We’ve made it through another week!  I know many of you are new readers thanks to my surprisingly popular post on Monday about brand registrations.  If you missed that post, click here. Here is a look at some of the ag law stories recently in the news. * Appellate courts rule on three “ag gag” statutes.  I am going to have a more detailed blog post on this coming in the next couple of weeks, but there have been three decisions from federal appellate courts related to “ag… Read More →

July 3, 2020 Weekly Round Up

Posted on by

Happy Independence Day!  I hope everyone has a safe and enjoyable holiday.  Here are a few of the ag law stories in the news over the past couple of weeks. *Dicamba update.  As you recall from this prior post the United States Court of Appeals for the Ninth Circuit issued an order vacating registrations for three over-the-top dicamba products for soybeans and cotton.  Shortly thereafter, the Environmental Protection Agency issued a cancellation order, which allowed certain existing stocks to be used through July 31.  [Read blog post on… Read More →

December 20, 2019 Weekly Round Up

Posted on by

One last ag law fix before we head off into the Holidays!  Here are some of the ag law stories making news over the last couple of weeks. *WOTUS: The gift that keeps on giving.  As has become tradition around here, Shannon Ferrell and I close out the year writing about the current status of WOTUS.  If you’re curious where things currently stand, we’ve got you covered.  Just click here for our recent article in Southwest Farm Press. *Comment period for USDA Final Interim Hemp Rule extended.  The… Read More →

May 3, 2019 Weekly Round Up

Posted on by

Happy May!  Welcome to this week’s Agricultural Law Round Up. It’s been a busy couple of weeks, but I want to say welcome to those of you who I met presenting in Canadian, Burnet, and Kerrville!  Here are some of the ag law stories in the news over the past couple of weeks. *Settlement offer in Maui County v. Hawaii Wildlife Fund could remove case from SCOTUS docket.  This week, news broke that a settlement offer had been made by plaintiffs in the Maui County  Clean Water Act case, which… Read More →