Category Archives: “Ag Gag” Statutes

May 3, 2019 Weekly Round Up

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 →

April 19, 2019 Weekly Round Up

Happy Friday and Happy Easter!  Here are a few ag law stories in the news this week. *EPA Publishes “Interpretive Statement” on Applicability of Clean Water Act to Groundwater as Conduit.  You may recall from this prior blog post the legal issue surrounding groundwater as a conduit.  Basically, the question has arisen about whether the discharge of a point source pollutant into groundwater that is connected to a Water of the United States is withing the scope of the Clean Water Act.  The Environmental Protection Agency issued an… Read More →

March 22, 2019 Weekly Round Up

We’ve reached the end of another week.  Happy Friday!  Welcome to those of you that are new readers and subscribers to the Texas Agriculture Law Blog. A quick reminder about our upcoming Ranchers Leasing Workshop events in Nacogdoches, Burnet, and Perryton.  These are great programs for anyone involved in an agricultural lease–grazing, haying, farming, hunting, livestock–as either a tenant or a landowner.  Registration is easy and can be done by clicking here or by calling Valerie at (979)845-2604.  For more information and to see our complete list of… Read More →

February 22, 2019 Weekly Round Up

Happy Friday and happy FFA week!  I, like many of you, credit FFA for so much of my success in my life and career.  I hope you take a moment to think back on what FFA has given  you and think about ways you might be able to give back to the organization. I also want to say a special welcome to those of you who are joining us after attending the Central Texas Farm Credit diner in Haskell this week.  It was an honor to speak with… Read More →

“Ag Gag” Litigation Update

**UPDATE:  In February, 2019, Iowa announced it will appeal the trial court decision.** From a recent finding of unconstitutionality in Iowa, to an award of attorney’s fees in Idaho, to a new legal challenge in Kansas, “ag gag” laws have continued to be in the news recently.  Let’s take a look back at recent legal decisions and where pending litigation currently stands. Background “Ag gag” laws are generally designed to prohibit a person from entering an agricultural operation without permission or by fraudulent means and obtaining video or… Read More →

December 7, 2018 Weekly Round Up

This week, I spoke at my last event for 2018, the Swisher County Ag Day in Tulia.  I want to thank all of you who have come to my programs this year–having the opportunity to speak with you is something I do not take for granted.  To see where I’m headed in 2019,  click here. Here are some of the ag law stories in the news this week. *Second judge finds EPA’s postponement of the 2015 WOTUS rule violates Administrative Procedures Act.  Recall that the Environmental Protection Agency… Read More →

June 15, 2018 Weekly Round Up

Happy Friday!  I was able to have some time in the office this week and have scheduled several great blog posts over the coming months.  Be sure you subscribe so you don’t miss them!  Last night, I was able to do a presentation via internet for landowner in Brazoria County.  Welcome to those of you joining from that meeting. Here are some of the ag law stories in the news this week: *Article highlights dispute among neighbors on San Saba.  Naveena Sadasivam has written another really interesting article… Read More →

March 30, 2018 Weekly Round Up

Hello and Happy Easter weekend to you!  This week I made my way to Lubbock to speak at the Ogallala Aquifer Project meeting to discuss Texas groundwater law.  Then, despite major technological issues, I was able to speak at Upton County Ag Day.  Welcome to those of you who have joined us from those meetings! Here are a couple of the ag law stories in the news this week. * A number of ag provisions included in Omnibus Spending Bill.  Be sure you caught my blog post on Monday outlining… Read More →

9th Circuit Ruling on Idaho “Ag Gag” Statute

The United States Court of Appeals for the 9th Circuit issued a ruling on the constitutionality of Idaho’s Interference with Agricultural Production (commonly referred to as an “ag gag”) statute.  The Court affirmed in part the lower court decision holding a portion of the statute unconstitutional but upheld two specific statutory provisions.  [Read full Opinion here.] Background After an undercover video showed abuse at an Idaho dairy, the Idaho Legislature passed the “Interference with Agricultural Production” law in 2014. The statute was drafted by the Idaho Dairymen’s Association with a… Read More →

January 5, 2018 Weekly Round Up

Hello and Happy New Year!  I hope everyone enjoyed a wonderful holiday.  We’re back in the saddle and here are some of the top ag law stories in the news this first week of 2018. *US Supreme Court gears up for oral argument in Texas v. New Mexico.  On Monday, Justices will hear oral arguments at the US Supreme Court in the water law case Texas v. New Mexico.  This case involves a 1938 Rio Grande Compact that requires New Mexico to deliver water at the Elephant Butte Reservoir… Read More →