Category Archives: Carbon Contracts

September 30, 2022 Weekly Round Up

It is hard to believe we have reached the end of September.  It has been a busy couple of weeks in the agricultural law realm. *Ag policy lesson from Dr. Outlaw.  Dr. Joe Outlaw offered an important ag policy lesson earlier this week on the Southern Ag Today website talking about unintended consequences. He discussed a proposed rule from the Securities and Exchange Commission on climate-related disclosures and how the requirement could have major impacts on agriculture.  [Read article here.] *EPA sued over alleged FOIA violations.  The Center… Read More →

Should I Sell Carbon Credits? A Decision Guide for Ranchers

I was honored to be invited to be part of a team put together by the King Ranch Institute for Ranch Management tasked with providing information to ranchers about carbon contracts.  As part of our work, we drafted a white paper to help explain what carbon is, how it can be stored in the soil, how this market for selling carbon credits has arisen, who are the parties involved in the contracts, and what production, legal, and economic risks should be considered.  To view our paper, click here…. Read More →

February 4, 2022 Weekly Round Up

Happy Friday from the cold, snowy Texas Panhandle.  Here are a few of the ag law stories in the news over the past couple of weeks. *United States Supreme Court to review Sackett v. EPA.  The US Supreme Court has agreed to hear arguments in Sackett v. EPA in order to answer a very important question under the Clean Water Act:  What is the proper tests for courts to use in determining whether a wetland is considered a Water of the United States?  The US Court of Appeals for the… Read More →

Understanding & Evaluating Carbon Contracts

Carbon contracts have been a popular topic of conversation for farmers and ranchers around the country.  As with any agreement, several legal and economic issues arise and should be carefully considered by producers before entering into a carbon contract.  A critical consideration is producers and landowners should never rely on verbal representations made by anyone related to a contract; assume only the written contractual terms will be enforceable.  Remember, this is new territory and many unknowns still exist about the carbon market and these carbon agreements.   I highly… Read More →

2021 Ag Law Year in Review – National

Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

December 3, 2021 Weekly Round Up

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 →

October 22, 2021 Weekly Round Up

Here are some of the ag law stories that have been in the news recently. *HSUS files lawsuit against Smithfield.  The Humane Society of the United States has filed suit against Smithfield Food alleging the company made false claims regarding animal care standards that mislead consumers.  In particular, the lawsuit takes aim at claims related to gestation crates and group housing of sows.  [Read article here.] *Groups object to EPA rule banning chlorpyrifos.  You may recall from this prior blog post that the EPA passed a rule that… Read More →