Category Archives: “Ag Gag” Statutes

9th Circuit Ruling on Idaho “Ag Gag” Statute

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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

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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 →

November 24, 2017 Weekly Round Up

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Hope you all enjoyed a wonderful Thanksgiving holiday.  Here are some ag law stories in the news this week that might be good fodder for discussions with the visiting relatives (or not.) *EPA proposes 2-year delay of 2015 WOTUS rule.  The EPA and Corps of Engineers have proposed a rule that would delay implementation of the 2015 WOTUS rule for two years.  Currently, the 2015 rule is stayed by the United States Court of Appeals for the Sixth Circuit and the EPA is currently working through the required process… Read More →

October 27, 2017 Ag Law Round Up

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Hello from beautiful  Louisville, Kentucky and the American Agricultural Law Association Annual Symposium.  It’s been a great week of catching up with old friends, meeting new folks, and hearing all about current ag law issues.  If you’re a law student or an attorney interested in the world of agricultural law, AALA’s symposium is a must! Meanwhile, here are some of the ag law stories in the news recently. *EPA makes changes to labels for popular new Dicamba herbicides for 2018 crop year.  On the heels of significant complaints… Read More →

October 13, 2017 Weekly Round Up

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Hello from Dallas Love Field Airport, which has been my second home recently with all my travels.  This week, I made my way to Stephenville to speak at Annie’s Project.  Huge kudos to Jason Johnson for his work coordinating this intensive educational course for farm and ranch women and a big thanks to him for inviting me to participate.  It is always one of my favorite programs of the year. Here are some ag law stories in the news this week. * Iowa “Ag Gag” statute challenged in… Read More →

September 29, 2017 Weekly Round Up

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Hello to new followers from my tour of the San Antonio area last week.  I had presentations in Pearsall, San Antonio, and Floresville and really enjoyed those groups!  I also have done two online presentations recently, one for landowners in Rusk County and another for folks in Upshur County.  To all of you joining from those events, welcome! It has been a busy week on the ag law front, particularly with the announcement that Syngenta has reached a settlement agreement with corn farmers in lawsuits across the US… Read More →

July 28, 2017 Weekly Round Up

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It’s the last Friday in July!  I hope everyone is staying cool during this summer heat.  Last week, I did a presentation via distance technology to the Texas Sheep and Goat Raisers Association meeting in Kerrville.  Welcome to those of you joining who attended the livestock guardian dog session! Here are a few ag law stories in the news.  As you will see, two of these items are frequent fliers on the Weekly Round Up! *USCIS issues new form I-9, mandatory September 18.  The US Customs and Immigration… Read More →

Federal Court Holds Utah’s “Ag Gag” Statute Unconstitutional

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For the second time, a federal court judge has held a state “ag gag” statute unconstitutional.  Previously, an Idaho statute was deemed unconstitutional and this decision remains on appeal at the Ninth Circuit Court of Appeals.  This time, the decision came from Judge Robert J. Shelby in the United States District Court for the District of Utah. Background In the 1990’s, laws criminalizing entering an animal facility and filming without consent were outlawed by statutes in Kansas, Montana, and North Dakota.  No one was prosecuted under these statutes… Read More →

May 12, 2017 Weekly Round Up

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We’ve made it to Friday yet again!  Here are some of the legal issues in the news this week. * EPA seeks input from governors on revisions to WOTUS rule.  EPA Administrator Scott Pruitt sent a letter this week to the 50 state governors seeking input from them on the re-write of the WOTUS rule.  He noted the value and importance of local input when writing the new rule.  [Read article here.] * Federal judge dismisses legal challenge to North Carolina lawsuit over Property Protection Act.  A federal… Read More →

March 24, 2017 Weekly Round Up

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This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →