Category Archives: Right to Farm laws

July 16, 2021 Weekly Round Up

I’m not sure how this happened, but it is the middle of July and the summer is flying by.  There are plenty of agricultural law stories in the news. *President Biden addresses several agricultural issues in Executive Order Promoting Competition in the American Economy.  President Biden recently issued his Executive Order on Promoting the Competition in the American Economy.  [Read Fact Sheet here.]  This Executive Order addresses a number of issues, including several related to agriculture.  Namely, the Executive Order: (1) directs USDA to consider new rules under… Read More →

July 2, 2021 Weekly Round Up

It has been a busy couple of weeks in the agricultural law world.  Here’s a recap of some of the biggest stories. * Texas Supreme Court will not hear Texas Central Railway eminent domain case.  The Texas Supreme Court has declined to hear an appeal in Miles v. Texas Central Railroad & Infrastructure.  This denial leaves in place the Corpus Christi Court of Appeals ruling that Texas Central is considered a “railroad company” and an “interurban railroad,” thereby giving it eminent domain power to condemn land for the high… Read More →

January 15, 2021 Weekly Round Up

Happy 2021, friends!  We hope you all had a happy, healthy holiday and we are excited to be back for our first Weekly Round Up of the year.  Here are some of the major agricultural law stories in the news over the past couple of weeks. * Lawsuit filed seeking to overturn recent dicamba registration.  On December 22, several environmental groups filed suit against the US Environmental Protection Agency challenging the recent approval of the use of over-the-top dicamba products through 2025. Specifically, the lawsuit claims that the… Read More →

Appellate Court Affirms Liability in North Carolina Nuisance Case; Smithfield Announces Settlement

The United States Court of Appeals for the Fourth Circuit issued a decision recently in McKiver v. Murphy-Brown, LLC, one of the numerous nuisance lawsuits filed in North Carolina involving neighbors claiming nearby hog farms constituted a nuisance.  Shortly thereafter, the defendants announced a settlement had been reached in all of the pending North Carolina hog farm nuisance cases against Murphy-Brown, LLC. If this is a topic of interest, you’ll want to check out our Ag Law in the Field Podcast.  North Carolina Farm Bureau’s Jake Parker has been… Read More →

October 9, 2020 Weekly Round Up

Happy Friday!  I’m here to get you caught up on some of the major agricultural law stories in the news over the past couple of weeks. *SCOTUS hears oral argument in Texas v. NM water law case in Pecos River dispute. Texas v. New Mexico was on the docket to kick off the United States Supreme Court term this week.  This case, involving a dispute over the Pecos River between Texas and New Mexico, is the first time the Justices will rule on a decision made by a… Read More →

September 11, 2020 Weekly Round Up

Happy Friday!  We’ve had quite the cold snap come through the Texas Panhandle this week–when I was feeding on Wednesday morning, it was a brisk 36 degrees!  Here’s wishing everyone a big of a warmer weekend. Here are some of the ag law stories over the past couple of weeks. *Court dismisses western cattle groups lawsuits against NWPR Rule.  An Oregon federal court has dismissed a lawsuit filed by the Oregon Cattlemen’s Association, Washington Cattlemen’s Association and New Mexico Cattle Growers Association challenging the Navigable Waters Protection Rule,… Read More →

August 14, 2020 Weekly Round Up

Happy Friday!  It has been a busy few weeks for me. I want to welcome those of you joining from the Beef Cattle Short Course presentation last week.  Here are some of the ag law stories in the news this week. *CFAP program expanded, deadline extended.  The USDA announced this week that there have been additional commodities added to the Coronavirus Food Assistance Program.  Most notably, all sheep will now qualify for payment, while previously it was only lambs under 2 years of age.  For sheep producers, the payments… Read More →

February 28, 2020 Weekly Round Up

As usual, there have been a number of ag law stories in the news the past couple of weeks.  Here’s this week’s round up. *USDA delays enforcement of two major portions of hemp Interim Final Rule.  This week, the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production until October 31, 2021 or the publication of the Final Rule, whichever is earlier.  First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA… Read More →

June 28, 2019 Weekly Round Up

Happy Friday!  Today, I’m speaking in Crockett at our “Owning Your Piece of Texas: Top Laws Texas Landowners Need to Know” program.  You’ve only got two more chances to catch one of these free events–Cat Spring on August 26 and College Station on September 12.  For more info click here and to register click here. For a free PDF copy of the Owning Your Piece of Texas handbook, click here.  To order a hard copy, contact Lacrecia at Lacrecia.Garza@ag.tamu.edu. Here are some ag law stories in the news… Read More →

Indiana Court of Appeals Upholds Constitutionality of Right to Farm Act

Recently, the Indiana Court of Appeals heard a challenge to the Indiana Right to Farm Statute.  In Himsel v. Himsel, the court held the statute was constitutional. Factual Background Sam Himsel has farmed in rural Hendricks County, Indiana, for his entire life.  In 2012, he and his sons decided to form 4/9 Livestock to start raising hogs.  They located their hog farm on property that had been in their family for over two decades and had been used for agriculture since at least 1941. The family planned to construct… Read More →