Category Archives: Drones

Drones & Privacy (Part II): Texas Use of Unmanned Aircraft Statute

*Updated:  This article was updated after the 2017 Legislative Session to include confined animal feeding operations to the definition of “critical infrastructure facilities” based upon HB 1643. See blog post here.* Today we continue with Part II of our Drones and Privacy series by reviewing the Texas Use of Unmanned Aircraft statute.  If you missed Part I, click here. In the absence of federal regulations regarding drones and privacy, states have been left to draft their own legislation.  Thus far, only about 13 states have drone privacy laws… Read More →

Drones & Privacy (Part I): Potential Common Law Claims

Drones are a hot topic in many circles, including the agricultural industry.  However, as often happens, the law has fallen behind the technology leading many people to question (or incorrectly assume they understand) how private property rights and the use of commercial drones will co-exist.  This blog series will focus on the law potentially applicable in situations where drones fly over the property of another without permission. Today, we will focus on two potential common law claims, trespass and nuisance.  The second post will focus on the Texas… Read More →

January 15, 2016 Weekly Round Up

This week I made the drive to Lubbock to speak at the “Seeking Solutions” extension meeting.  It was a great program and I really enjoyed the opportunity to visit with producers about agricultural law.  To those of you joining the blog from that event, welcome!  Here are some ag law stories in the news this week. * What You Need To Know About Selling Your Oil and Gas Interests.  Texas attorney Aimee Hess recently wrote a great blog post discussing the sale of mineral interests.  She offers some… Read More →

December 18, 2015 Weekly Round Up

We are exactly one week from Christmas!  I hope you all are more prepared for the holiday than I am at this point!  Here are some ag law stories making news this week. *EPA violated the law by pushing “WOTUS” rule on social media.  The Government Accountability Office found this week that the EPA violated federal law in its social media campaign in favor of its “Waters of the United States” rule.  Government agencies are certainly permitted to use social media in order to provide information, but may not… Read More →

2015 National Agriculture Law Year in Review (Part II)

Today we continue in our review of national agricultural law developments in 2015.  If you missed Part I of this series, click here. EPA Revokes Approval for Suloxaflor and Enlist Duo.  Just a few weeks ago, the EPA announced it would revoke approval for suloxaflor (active ingredient in Transform) and withdraw its approval for the Enlist Duo.  Both were a result of litigation filed by environmental groups challenging the approval of these products.  Dow Chemical has stated it is confident that the EPA’s concerns can be addressed quickly… Read More →

December 4, 2016 Weekly Round Up

I have enjoyed being back on the road for several programs over the last couple of weeks.  I enjoyed the chance to speak at the New Mexico Farm and Livestock Bureau meeting in Albuquerque, discussing undercover video investigations.  Next, I sat on a panel at the Amarillo Farm and Ranch Show and fielded questions about laws related to prescribed burning and drone use.  Finally, yesterday I was in Wichita Falls presenting on grazing leases at the Cattle Trails Cow-Calf Conference.  Welcome to those of you who are new… Read More →

September 4, 2015 Weekly Round Up

Here is the first weekly round up of September!  The year is really flying by!  Here are some ag law stories in the news this week. *  Is New “WOTUS” Rule In Effect in Texas?  As you read last week, a North Dakota federal judge issued an injunction in a case brought by 13 states, prohibiting enforcement of the EPA’s new “waters of the United States” rule.  After the decision, all sides were claiming victory.  All sides agree that in the 13 states (including New Mexico) party to… Read More →

FAA Publishes Proposed Drone Regulations

Much anticipated proposed federal drone regulations were published by the Federal Aviation Administration last week. Current Status of Federal Drone Rules in the United States Currently, the ability to use a drone legally in the US depends on the type of use to which the drone is being put. The use of drones for commercial purposes is banned in the United States.  Absent express permission from the FAA, drones may not be flown for commercial purposes under current rules.  The first time this permission was granted to an… Read More →