Category Archives: Endangered Species Act

June 14, 2019 Weekly Round Up

It’s been a busy couple of weeks in the world of agricultural law.  I want to welcome those of you who I met at speaking events for the Hill Country Cattle Women in Fredericksburg and the Owning Your Piece of Texas Ag Law Workshop in San Antonio.  If you’d like to see an article  and short video about our Owning Your Piece of Texas program, click here. Here are some of the major ag law stories in the news over the past two weeks. *Lawsuit filed against US… Read More →

April 19, 2019 Weekly Round Up

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 →

Unanimous Supreme Court: “Critical Habitat” Under Endangered Species Act Must Be Habitat

The United States Supreme Court issued a decision last week in Weyerhaeuser Co. v. USFWS, addressing whether the Endangered Species Act allows for the government to designate an area to be “critical habitat” when it is not currently suitable for the particular species to reside.  [Read Opinion here.] Factual Background In 2001, the dusky gopher frog was listed as endangered by the US Fish and Wildlife Service (USFWS).  This frog historically had been found along the coast of Alabama, Louisiana, and Mississippi in the forested areas.  However, at the… Read More →

June 22, 2018 Weekly Round Up

We’ve made it to another Friday!  I spent this week in the office getting caught up on emails, phone calls, and writing.  There will be some really interesting blog posts coming over the next couple of months, so be sure you’ve signed up to receive them via email! Here are some ag law stories in the news this week. * Environmental groups petition US Fish and Wildlife Service to list dunes sagebrush lizard under Endangered Species Act.  The Center for Biological Diversity and the Defenders of Wildlife have… Read More →

January 12, 2017 Weekly Round Up

It was a busy week around here as I traveled to Nashville to speak at the American Farm Bureau Federation Conference.  It was my first time to be on the same agenda as the President, so that was quite exciting!  To those of you joining from that conference, welcome to the blog!  Here are some of the ag law stories in the news this week.   * US Supreme Court will not hear Endangered Species Act case involving Utah prairie dog.  You may remember a case in Utah where… Read More →

September 29, 2017 Weekly Round Up

Hello to new followers from my tour of the San Antonio area last week.  I had presentations in Pearsall, San Antonio, and Floresville and really enjoyed those groups!  I also have done two online presentations recently, one for landowners in Rusk County and another for folks in Upshur County.  To all of you joining from those events, welcome! It has been a busy week on the ag law front, particularly with the announcement that Syngenta has reached a settlement agreement with corn farmers in lawsuits across the US… Read More →

August 18, 2017 Weekly Round Up

Last week I was in College Station to speak at the TAMU Beef Cattle Short Course.  Our session, titled “Ask an Ag Lawyer” featured Jim Bradbury, James Decker, Kyle Weldon, and myself and was quite a hit.  We recorded a podcast summarizing the session and sharing our favorite questions.  If you are interested in listing to that, click here.  A big thanks to Dr. Jason Cleere and his team for putting on such a wonderful event. Here are some of the ag law stories in the news this… Read More →

Tenth Circuit Holds Endangered Species Act Applies to Purely Intrastate Animals

The United States Court of Appeals for the Tenth Circuit has reversed a lower court decision and held that the Endangered Species Act is applicable to the Utah prairie dog, despite the animal being found only within the State of Utah.  Obviously, this decision is disappointing for landowners and private property advocates. The Endangered Species Act Passed in 1973, the ESA seeks to conserve endangered and threatened species of plants and animals and the ecosystems on which they depend.  Under the Act, species may be listed as either… Read More →

March 24, 2017 Weekly Round Up

This has been a whirlwind of a week.  On Monday, I was in Tyler speaking at the Texas State Resource Conservation and Development Councils State Meeting, on Wednesday evening, Jim Bradbury, Kyle Weldon, & I conducted a webinar on fence law for the Texas & Southwestern Cattle Raisers Association, and on Thursday morning, I guest lectured via Skype for the Contemporary Issues in Ag course at Mississippi State University.  To those of you joining us from each of these programs, welcome! Here are some ag law stories in… Read More →

September 2, 2016 Weekly Round Up

How is it already September?  Not that I’m complaining about the cool, rainy weather we’ve been seeing this week here in the Panhandle!  Here are a few of the ag law stories in the news this week. * Texas Railroad Commission Failed to Track Oilfield Waste Injections Into Groundwater Zones.  In the first of several clips involving the Texas RRC we will see today, the Texas Tribune published an article claiming that even though the RRC agreed to track injections into zones that could hold drinking water sources… Read More →