Category Archives: Endangered Species Act

December 2, 2022 Weekly Round Up

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Happy December! We are back with a number of updates for you with regard to agricultural law news around the country. *Lesser prairie chicken listed under Endangered Species Act.  On November 17, the US Fish and Wildlife Service issued a press release that it will be listing the lesser prairie chicken as threatened in the northern distinct population segment (including areas in southeastern Colorado, southcentral and western Kansas, western Oklahoma, and the northeastern Texas Panhandle.) and endangered in the southern distinct population segment (including areas in eastern New… Read More →

September 30, 2022 Weekly Round Up

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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 →

June 11, 2021 Weekly Round Up

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If you expected it to be a quiet summer for agricultural law, you were sorely mistaken!  If the rest of the summer is anything like the first couple of weeks, we’re in for a lot of action.  Here are a few of the ag law stories recently in the news.   * Governor Abbott signs HB 365, modifying the Texas Farm Animal Liability Act.  We’ve discussed this bill previously while it was in committee, but Governor Abbot has now signed the FALA amendment passed by the legislature.  This… Read More →

October 4, 2019 Weekly Round Up

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Happy October!  It finally feels like fall in the Texas Panhandle and I’m sure enjoying it.  Here are a few ag law stories that have been in the news over the past couple of weeks. * Elder law podcast is a must listen.  I don’t usually share my own podcast episodes in the Weekly Round Up, but the interview I posted this week with elder law attorney, Kristen Porter, is one that I really think is so important, especially for farm and ranch families.  Kristen talked us through… Read More →

September 6, 2019 Weekly Round Up

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You may have noticed I’ve been a little bit MIA here and on social media.  I spent three weeks in August in and out of the hospital with a medical issue, but I’m feeling much better and am back in the saddle.  I’ve got an overwhelming number of emails and voicemails from my absence, but am working on getting back to folks as soon as possible. I want to be sure and welcome those of you joining the blog from Beef Cattle Short Course, the Owning Your Piece… Read More →

August 2, 2019 Weekly Round Up

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Welcome to August!  I’m not sure how the summer has flown by, but here we are.  These are a few of the ag law stories in the news this week. *Second round of Market Facilitation Program payment rates announced.  Last week, the USDA announced payments for round 2 of the Market Facilitation Program.  These payments are designed to provide assistance to farmers of commodities impacted by “unjustified foreign retaliatory tariffs, resulting in the loss of traditional export markets.”  Payment rates have been set per county for qualifying crops. … Read More →

June 14, 2019 Weekly Round Up

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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

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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 →

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

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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

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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 →