Category Archives: Federal Regulations

EPA: No Animal Waste Emissions Reporting Required for Agriculture

The Environmental Protection Agency (EPA) has published a new website to make clear the agency’s position on air emissions reporting for animal waste.  You can access that webpage here. As you may recall from this prior blog post and this prior podcast episode, this issue came to the forefront when a federal court held in 2017 that agricultural operations were required to report air emissions under federal law upon finding that the EPA did not have the authority to create an exemption for agriculture.  There are two federal… Read More →

Revised Outline for Analyzing FMCSA Hauling Regulations

You may recall that last month, Beth Rumley from the National Ag Law Center and I published a fact sheet outlining the steps to analyze if various Federal Motor Carrier Safety Administration (FMCSA) regulations would apply.  Given some new legislation and some additional guidance from FMCSA, we have now made important revisions to the fact sheet. You can access the most recent version of our publication here. The major modifications include the following: (1) FMCSA granted an additional 90-day waiver of the electronic logging device rules to anyone… Read More →

March 16, 2018 Weekly Round Up

It’s been a busy week for me and for agricultural law!  On Wednesday I spoke in Albany, Texas at a program hosted by the Leon Bosque RC&D and on Thursday evening I was in Brownwood to speak at the Brown County Ag Day.  Welcome to those of you joining from those events. Here are some of the ag law stories in the news this week. * FMCSA Extends Agricultural Exemption to New Hauling Regulations Another 90 Days.  The Federal Motor Carrier Safety Administration (FMCSA) announced that it will… Read More →

March 2, 2018 Weekly Round Up

Phew!  It has been a heck of a week!  On Monday, I was in Cat Spring for our Ranchers Leasing Workshop.  We had a great turnout of 95 folks!  On Tuesday, I was in Waco speaking to the Master Marketer course.  Wednesday brought me back to the Panhandle to speak at the 4th Annual Biennial Water Conservation Symposium.  Welcome to all of you joining from these events. *”FARM” Act introduced in US Senate would exempt agriculture from air emissions reporting.  The Fair Agricultural Reporting Method (FARM) Act, a… Read More →

Do the New Electronic Logging Device Regulations Apply to You?

There has been a good deal of discussion, confusion, and concern over new regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) requiring electronic logging devices (“ELDs”) for certain commercial motor vehicles.  How will these regulations impact agricultural producers, rodeo athletes, or stock show exhibitors?  Relatedly, there are regulations addressing who is required to obtain a commercial drivers license and what records may have to be kept that, while not new, may impact producers as well. I will not sugarcoat it, these regulations are complex and difficult to… Read More →

February 2, 2018 Weekly Round Up

Welcome to February and Happy Groundhog Day!  This week I had some much-needed time in the office and was able to give an online guest lecture to the Ag Leadership class at Mississippi State University, taught by my friend, Dr. Laura Greenhaw.  Welcome to any new followers from her class! Here are some of the major ag law stories in the news this week. * EPA sets the effective date for 2015 WOTUS rule for 2020.  You may remember this prior post where we discussed the US Supreme… Read More →

January 26, 2018 Weekly Round Up

I tell you what, it’s been a whirlwind of a week both for my travel schedule and for ag law news!  On Monday I spoke in Pampa at a program hosted by County Extension Agents Mike Jeffcoat, Michael Wilkes, and Jody Bradford.  Then on Tuesday, I headed to Lubbock for the Seeking Solutions Regional Extension meeting.  Wednesday found me back on the road to Lubbock to speak at the Texas Alliance for Water Conservation Water College. Today, I’ll be doing an online presentation for a graduate student group… Read More →

January 19, 2018 Weekly Round Up

Welcome to those of you joining from the program I did in Clarendon on Wednesday and those of you who attended the Caprock Crops Conference at the Floyd County Friends Unity Center. Here are some of the biggest ag law stories in the news this week. * Article summarizing speeches at American Farm Bureau Convention.  I was honored to be included in an article summarizing presentations made at the recent American Farm Bureau Federation Convention in Nashville.  The article mentions presentations given by my friend Paul Goeringer and… Read More →

January 5, 2018 Weekly Round Up

Hello and Happy New Year!  I hope everyone enjoyed a wonderful holiday.  We’re back in the saddle and here are some of the top ag law stories in the news this first week of 2018. *US Supreme Court gears up for oral argument in Texas v. New Mexico.  On Monday, Justices will hear oral arguments at the US Supreme Court in the water law case Texas v. New Mexico.  This case involves a 1938 Rio Grande Compact that requires New Mexico to deliver water at the Elephant Butte Reservoir… Read More →

December 1, 2017 Weekly Round Up

Welcome to December!  To those of you joining us for the first time from the Amarillo Farm and Ranch Show, welcome!  Here are some of the ag law stories in the news this week. * EPA delays emissions reporting until January 22.  As we reported two weeks ago, the deadline for agricultural operations to report emissions of ammonia and hydrogen sulfide if over 100 pounds in a 24 hour period had been November 15.  On the eve of that deadline, the EPA announced it would not require reporting… Read More →