Category Archives: Clean Water Act

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 →

May 29, 2020 Weekly Round Up

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Thanks for joining us for another Ag Law Weekly Round Up!  Here are some of the ag law stories in the news over the past couple of weeks. *CFAP program sign up is underway.  Sign up for the Coronavirus Food Assistance Program is open through August 28, 2020.  For more information on this program, click here for the TAMU Ag & Food Policy Center overview of the program.  For sign up information and forms necessary, click here. *Sackett Clean Water Act litigation continues.  Back in 2012, the US Supreme… Read More →

May 15, 2020 Weekly Round Up

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Happy Friday!  It’s been a busy couple of weeks on the ag law front.  Here are some of the cases in the news. *Appellate court finds Texas Central Railroad is a “railroad company” and an “interurban electric railway.”  One of the main legal battles over the proposed high speed rail project in Central Texas has been whether the builder, Texas Central Railroad & Infrastructure, Inc. qualifies as a “railroad company” or an “interurban electric railway.”  If so, the company would likely be entitled to use eminent domain to… Read More →

May 3, 2019 Weekly Round Up

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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

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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 8, 2019 Weekly Round Up

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Hello and happy Friday!  We’re back with another weekly round up of the top agricultural law stories of the past two weeks. * North Carolina nuisance ruling appealed. Plaintiffs in the first North Carolina hog farm nuisance lawsuit have filed an appeal with the US Court of Appeals for the Fourth Circuit.  A number of agricultural groups, including the American and North Carolina Farm Bureau have filed an amicus brief on behalf of the plaintiffs arguing that the North Carolina Right to Farm law should have applied as… Read More →

February 22, 2019 Weekly Round Up

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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 →

January 25, 2019 Weekly Round Up

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Hello there!  I’m not sure how it happened, but the month of January got away from me and I apologize for the lack of Weekly Round Up Posts.  Several readers have contacted me to ask if I would be continuing these and the answer is yes, but they will likely be bi-weekly.  Thank you for your kind comments about how you enjoy these posts. So far, January has been a fun month with several speaking events.  I kicked things off lecturing at the King Ranch Institute for Ranch… 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 →

Clean Water Act Application to Groundwater: Keeping Score

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**UPDATE:  In February 2019, the United States Supreme Court granted certiorari in the Hawaii Wildlife Fund v. County of Maui case.** A major issue with regard to the scope of the Clean Water Act is popping up in courtrooms across the United States.  Are point source discharges into groundwater, that eventually reach a “water of the United States”, within the scope of the Clean Water Act’s jurisdiction?  This issue is growing and has been decided differently by courts across the country.  The legal question is teed up and could… Read More →