Category Archives: Federal Regulations

August 8, 2014 Weekly Round Up

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It has been another busy week for me.  On Monday I was in Dallas speaking at the noon meeting of the Dallas Agricultural Club, the oldest agricultural club in Texas (founded in 1925) on current hot topics in agricultural law.  It was a great group who asked wonderful questions.  On Wednesday I was able to speak during the Ag Business Management Section at the Texas A&M University Beef Cattle Short Course on pipeline easement negotiations.  This is my second year speaking at Short Course and once again I found… Read More →

May 16, 2014 Weekly Round Up

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Last week I spoke to a group of landowners at the Western Navarro Bobwhite Recovery Initiative Spring Meeting in Blooming Grove.  Blake Alldredge planned a great meeting at a wonderful location and I enjoyed the opportunity to attend.  On Tuesday, I was in Simonton to present on leasing issues at the Upper Gulf Coast Ranch Exposition.  I appreciate all of the hard work that Greg Kaase put in to get this program put together and enjoyed the chance to visit with the producers.  To those of you joining from these presentations,… Read More →

EPA’s Proposed Rule Defining “Waters of the United States” Causes Controversy

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*This article is not a substitute for the advice of an attorney.* In addition to my usual disclaimer, please not that I am not an expert on the Clean Water Act or the EPA’s regulations implementing the Act.  This blog is intended merely to highlight the current issue and provide basic information. The Environmental Protection Agency recently drafted a proposed rule defining “waters of the United States” with regard to its interpretation of the Clean Water Act.  This proposed amendment has caused a great deal of controversy. The Clean Water… Read More →

April 11, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* I hope everyone had a fantastic week and has fun plans for the weekend!  This week I traveled out to Brownwood, Texas on Tuesday to give a presentation on agricultural leases, eminent domain, and pipeline easements.  A big thank you to Brown County Extension Agent Scott Anderson for putting this program together.  I enjoyed the chance to visit with several local landowners during and after the program, so welcome to those of you joining us from Brown… Read More →

Lesser Prairie Chicken Listed as “Threatened” Under Endangered Species Act

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*This article is not a substitute for the advice of an attorney.* (Sorry for the interruption in our Eminent Domain in Texas series, but this was important news that we needed to cover.  We will return to our Eminent Domain in Texas series with the final post next week.) Last week, the United States Fish and Wildlife Service announced that it would list the lesser prairie chicken as “threatened” pursuant to the federal Endangered Species Act.  This listing–a step below a listing of endangered–will afford protection to the… Read More →

April 4, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* This week I have been making the rounds from Indianapolis, Indiana to Athens, Texas!  In Indianapolis, Paul Goeringer (University of Maryland Extension) and I presented at the Women in Agriculture Educators Conference on legal risk management, where I specifically focused on water law education in Texas.  Additionally, I presented at the Cattleman’s Cow-Calf Clinic in Athens, Texas.  Henderson County Extension Agent Rick Hirsch and his cattle committee did a great job of planning this clinic and I enjoyed the chance to… Read More →

March 7, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* Here are a look at some of the ag law stories making news this first week of March. *United States Sides with Texas in Water Dispute against New Mexico, Seeks to Join Suit.  Last week, the Solicitor General, on behalf of the United States, filed a Motion for Leave to Intervene as a Plaintiff in the Supreme Court case pitting Texas against New Mexico in a battle over water in the Rio Grande.  The Solicitor General echoed the… Read More →

October 25, 2013 Weekly Round Up

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***This blog is not intended as a substitute for the advice of an attorney.***   A wide variety of ag law stories were in the news this week.  Here is a recap.   AQHA Seeks Delay in Registering Clones During Appeal:  The AQHA is seeking permission from a federal judge to delay in complying with an order to register cloned horses and their offspring pending a decision on the pending appeal.  In July, a jury found that the AQHA’s rules banning registration of cloned horses violated anti-trust laws. … Read More →

September 13, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Here are some of the agricultural law stories making news this second week of September. *  Texas Groundwater Summit Presentations.  A couple of weeks ago, I attended the Texas Groundwater Summit in San Marcos.  It was a great conference put on by the Texas Alliance of Groundwater Districts.  The presentations ranged from discussions about the basic authority of Groundwater Conservation Districts, to legal updates, to House Bill 4, to the potential use of brackish water, to… Read More →

August 30, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Although several of this week’s major Texas court cases were discussed in yesterday’s blog post, here are some additional ag law stories making headlines this final week of August. 1.  Even Congressmen are confused over the EPA’s plans to enforce the Spill, Prevention, Containment, and Countermeasure (“SPCC”) rule against farmers.  Senators Inhofe and Pryor recently wrote a letter to the EPA “requesting clarification” of the EPA’s interpretation of its own authority to begin retroactive enforcement of the SPCC rule on… Read More →