Category Archives: Hemp

January 27, 2023 Weekly Round Up

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The year started out with a bang and has not slowed down yet!  Here are some of the ag law stories in the news over the past couple of weeks. *USFWS extends effective date for lesser prairie chicken listing.  The USFWS is delaying the effective date of the lesser prairie chicken listing for 60 days until March 27, 2023.  [Read article here.] *APHIS proposes electronic identification rule for certain cattle crossing state lines.  The USDA Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

Texas Supreme Court Upholds Law Prohibiting Processing & Manufacturing of Smokable Hemp in Texas

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The Texas Supreme Court recently found that the Texas Constitution does not protect a person’s right to process and manufacture smokable hemp in Texas.  [Read Opinion here.] Background The 2018 Farm Bill removed hemp from the federal Controlled Substances Act and defined it as an agricultural product. The bill allowed each state to determine whether hemp would be allowed and how it would be regulated within its own borders. States electing to create a hemp-regulation plan were required to submit it to the USDA for approval.  The Texas… Read More →

November 12, 2021 Weekly Round Up

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Welcome to another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *PRF (Rainfall Insurance) deadline is December 1 for 2022 sign up.  Did you know you can purchase rainfall insurance?  Essentially, PRF insurance allows you to insure a percentage of normal rainfall for your area, and you trigger a payment if rainfall falls below your insured percentage.  This can be a great risk management tool for livestock producers who have cattle or other livestock on grass. … Read More →

May 21, 2021 Weekly Round Up

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Welcome to Friday! I hope everyone has fun weekend plans.  I will be running a Dinosaur 5K with my kids tomorrow, so we will see how Mama survives with a 4 and 5 year old in tow! Here are some of the biggest ag law stories in the news over the past couple of weeks. *Potential tax policy changes cause concern.  President Biden’s administration has indicated there may be policy changes related to capital gains taxes that have caused concern for many agricultural groups. In particular, President Biden’s… Read More →

March 26, 2021 Weekly Round Up

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Happy Friday!  Here a few of the ag law stories in the news the past couple of weeks. *Maryland trial court ruling on ammonia emissions and the Clean Water Act draws concern.  A recent case decided in Maryland has resulted in nationwide discussion over agriculture and the intersection of the Clean Air and Clean Water Act.  Essentially, the circuit court judge ruled that Maryland must regulate air pollution–ammonia, in particular–under the state’s implementation of the federal Clean Water Act.  This raises concern for livestock producers, who are exempt… Read More →

Hemp Education Video Series: Economic & Legal Considerations for Production in Texas

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We are thrilled to roll out a project we’ve been working on the for the last year.  Thanks to a grant from the Southern Extension Risk Management Education Center, I’ve worked with my colleagues in the Ag Economics Department at Texas A&M to pull together legal and economic resources related to hemp production.  You can find the website here. Specifically, this project is designed as a series of short video presentations (three hours in total) to address the major issues facing Texas hemp producers. When you visit our… Read More →

USDA Releases Final Rule for the Domestic Production of Hemp

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On January 15, 2021, the USDA released the Final Rule for the Domestic Production of Hemp (“Final Rule”). [Read Final Rule here.]  Importantly, this rule does not go into effect until March 22, 2021.  The Biden administration has announced that it will review a number of rules that have been published in the Federal Register, but have not yet gone into effect, including in the Final Rule.   Therefore, this blog post summarizes the Final Rule as it was published in the Federal Register by the Trump Administration. You… Read More →

2020 Agricultural Law Year in Review – Texas

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If you missed our National Year in Review post, click here.  I am not sure I can remember a year with more agricultural law-related opinions being issued by Texas appellate courts. From fence law to eminent domain, hemp to liability, here are some of the biggest legal stories of 2020 from the Lone Star State.   Dicamba Registration Vacated, New Registration Issued, Lawsuit Filed Although this is a national issue, and we addressed it in more detail on our National Year in Review post, because it had such… Read More →

December 4, 2020 Weekly Round Up

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Happy December! Here are a few of the biggest ag law stories in the news over the past couple of weeks. *Dairy farmers receiving letters seeking repayment of funds from Dean Foods.  Many dairy farmers who sold milk to Dean Foods prior to its bankruptcy filing  have been receiving letters recently from ASK, LLC.  Essentially, these letters note that the recipient received some payment from Dean Foods within the 90-days prior to its bankruptcy filing.  After visiting with an ag bankruptcy attorney who has reviewed the letters, he… Read More →