Category Archives: Carbon Contracts

Preparing Farmers & Ranchers for the Evolution of Carbon Markets – Resources

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Dr. Jordan Shockley, Casey Matzke, and I have been working hard to develop a library of carbon-related resources through grant funding from the Southern Extension Risk Management Education Center. In particular, our publications focus on what changes we are seeing in carbon markets, and what producers and landowners need to know going forward.  Whether you are someone who has already entered into a soil carbon contract, or someone who aims to stay far away from them, this information will be helpful in understanding the current situation regarding carbon… Read More →

New Fact Sheet: Key Legal Considerations for any Carbon-Related Agreement

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We recently published a fact sheet on the key legal considerations producers and landowners should keep in mind before entering into any type of carbon-related agreement. The carbon market is changing and evolving, and it is critical to carefully review, analyze, and understand every term in an agreement.  As with many contracts, the cliche “the devil’s in the details” is often true with carbon-related agreements. This fact sheet walks through ten key issues everyone should consider before signing their name on the dotted line of a carbon agreement. … Read More →

What Is ESG and Why Do Companies Care?

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If you follow business news, you have heard the acronym “ESG” being used more and more frequently.  It stands for “environmental, social, and governance,” three key factors companies use to assess their sustainability and the ethical impact of their operation.  But what exactly do the E, S, and G stand for?  And why do companies care? I recently co-authored a fact sheet  answering these very questions and more.  Click here to review our fact sheet.

Understanding Carbon Offsets and Insets in Agriculture

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Understanding the concepts surrounding lowering carbon emissions can be confusing.  However, as many companies undertake efforts to reduce their carbon emissions, two main strategies have emerged:  carbon offsets and carbon insets.   While both strategies can be used by a company to reduce their company’s carbon footprint, they can have very different implications for agriculture. My colleague, Dr. Jordan Shockley, along with Casey Matzke and I, recently wrote a fact sheet discussing the difference between carbon offsets and insets and what these approaches mean for those of us involved… Read More →

June 7, 2024 Weekly Round Up

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Summer is here and there are plenty of agricultural law updates to discuss. *Lawsuit filed challenging law creating business courts.  On May 23, Dallas County filed suit challenging the constitutionality of the business court system created by the Texas Legislature last session.  The new courts have jurisdiction in high-dollar business cases, with the judges appointed by the governor and a 15th Court of Appeals to hear all appeals.  The lawsuit challenges the constitutionality of the business court set up in creating a state-wide district for the new Court… Read More →

February 2, 2024 Weekly Round Up

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February is coming in hot on the agricultural law front!  We have a number of updates on important issues from around the country. *Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20.  You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio… Read More →

Lawsuit Claims Delta Airlines’ Claim of Being First Carbon Neutral Airline Misleads Consumers

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A California woman recently filed suit against Delta Airlines arguing that its claim to be the first carbon neutral airline is untrue and misleading to consumers.  There are a number of important considerations for those involved in agriculture generally and carbon contracts specifically to be gleaned from this case. Note:  All information below was obtained from the Plaintiffs’ Complaint.  Delta has not yet filed its Answer and there has been no judicial rulings on these allegations. Background Delta is one of the major commercial airlines in the United… Read More →

New Fact Sheet: Carbon Contract Checklist

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My student assistant, Karli Kaase, and I recently co-authored a fact sheet offering a list of terms for landowners considering entering into a carbon contract.  [View fact sheet here.] It is critical for landowners to understand that every contract is different, and the devil is in the details.  Before signing a contract, landowners should carefully read the entire document, and I recommend contacting an attorney well-versed in carbon contracts to assist with negotiation and evaluation. To learn more about carbon markets, click here for a podcast episode I… Read More →

June 30, 2023 Weekly Round Up

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Happy Friday and Happy Independence Day to everyone!  We’ve got a number of ag law issues to cover in today’s Weekly Round Up. *EPA to revise WOTUS rule by September 1 to comply with SCOTUS decision in Sackett v. EPA.   The EPA announced it will issue a revised final WOTUS Rule by September 1 in light of the US Supreme Court decision in Sackett v. EPA.  As you recall from this blog post and this podcast episode, the Supreme Court unanimously ruled that the “significant nexus test” was not the… Read More →

December 16, 2022 Weekly Round Up

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We are here with our final round up of 2022.  It has been a busy year.  If you missed our National Year in Review blog post, click here. If you prefer audio, you can check out my podcast episode with Paul Goeringer here.  Be sure to check back on Monday for our Texas Year in Review post as well. Here are a few of the ag law stories in the news. Oral argument held in dicamba case before D.C. Court of Appeals.  Oral argument was held this week in… Read More →