Category Archives: Checkoff Program Challenges

July 8, 2022 Weekly Round Up

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We’ve made it to July!  Here are some of the ag law stories in the news over the past couple of weeks. *Texas Supreme Court rules Texas Central Railroad has eminent domain authority for high speed rail project.  In a 6-3 ruling, the Texas Supreme Court has found that Texas Central Railroad does have eminent domain authority for its high speed rail project from Dallas to Houston. [Find opinions here.]  I’ll have a full blog post breaking down this decision next week.  In the next month, I’ll also… Read More →

2021 Ag Law Year in Review – National

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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 →

July 30, 2021 Weekly Round Up

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Happy Friday!  On Tuesday, I commented to a couple of friends it had been a quite couple of weeks on the agricultural law front.  Apparently, that opened the flood gates and we’ve got a full slate of news for today’s Weekly Round Up! * United States Court of Appeals for the Ninth Circuit upholds ruling in Montana beef checkoff case.  The Ninth Circuit has upheld the decision of the District of Montana upholding the Montana Beef Checkoff.  Specifically, the court found that because of the MOUs between the… Read More →

February 12, 2021 Weekly Round Up

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Happy Friday!  It seems like the entire state of Texas is preparing for winter weather this weekend.  I hope you all stay safe and warm.  I want to welcome those of you joining from my recent programs in El Campo and Robstown.  We’re glad you are here! Here are some of the ag law stories in the news the past couple of weeks. *Claims period open for soybean farmers who were injured by dicamba drift in 2015-2020.  Soybean farmers around the country may be eligible to make a… Read More →

2020 Agricultural Law Year in Review – National

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Happy Holidays!  I love doing these year in reviews and look forward to writing them every year.  There was certainly no shortage of ag law news in 2020.  Here is a look at some of the biggest ag law stories from the last 365 days.  On Thursday, Paul Goeringer and I will release a joint podcast recapping some of these issues as well. Dicamba Controversy and Litigation For cotton and soybean farmers, dicamba certainly has to the biggest issue of 2020.  To hear more, listen to this podcast… Read More →

September 25, 2020 Weekly Round Up

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Happy Friday!  Here are a few of the ag law stories in the news. * Sign up for CFAP 2 program begins.  The USDA has announced a Coronavirus Food Assistance Program 2, which will provide payments to qualifying farmers and ranchers.  The application period is open now through December 11.  Many of the main commodities in our area, including cattle, sheep, sorghum, wheat, cotton, and corn are eligible.  For more information and a full list of eligible commodities, click here.  Our District 1 economist, Dr. Justin Benavidez, recently… Read More →

Montana Court Rules in Favor of Beef Checkoff

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In a major ruling from the United States District Court for the District of Montana, the court held that the qualified state beef checkoff (QSBC) programs operating under a Memorandum of Understanding (MOU) with the United States Department of Agriculture (UDSA) do not violate the First Amendment and dismissed the lawsuit brought by the Ranchers-Cattleman Action Legal Fund (R-CALF). Background In 1985, Congress passed the Beef Promotion and Research Act, which imposed a $1 per head assessment each time cattle are sold in the United States.  The funds… Read More →

April 3, 2020 Weekly Round Up

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Here is a list of some of the recent agricultural law stories in the news. *Montana Court upholds constitutionality of beef checkoff.  The biggest story of the last couple of weeks was a trial court ruling in the beef checkoff litigation.  The United States District Court for the District of Montana found in favor of USDA and the Montana Beef Council, holding that the advertising and promotional speech of the Montana Beef Council (and similar organizations in 14 other states) constituted government speech given USDA oversight.  Thus, the… Read More →

2018 Ag Law Year in Review

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Well, it’s been quite a year for agricultural law!  Looking back, it has been interesting to see the variety of legal issues that have come up in the last 365 days.  From a major class action settlement by Syngenta to new electronic logging device rules to nuisance litigation in North Carolina, there are numerous issues of which agricultural producers should be aware. If you want to hear more about these topics, Paul Goeringer and I did a Year in Review joint podcast.  You can listen here.  {Since we… Read More →

Texas Beef Checkoff Facing Legal Challenge

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In addition to an ongoing legal challenge in Montana, state beef checkoff programs in thirteen more states are now facing legal challenge.  Ranchers-Cattleman Action Legal Fund (“R-CALF”) seeks to expand the injunction it obtained in Montana to also include checkoff programs in Hawaii, Indiana, Kansas, Nebraska, Nevada, New York, North Carolina, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, and Wisconsin. The current beef checkoff litigation began in Montana where R-Calf filed suit against the United States Department of Agriculture in 2016.  In summary, the plaintiffs argued that because… Read More →