Category Archives: Right to Farm laws

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 →

March 8, 2019 Weekly Round Up

Hello and happy Friday!  We’re back with another weekly round up of the top agricultural law stories of the past two weeks. * North Carolina nuisance ruling appealed. Plaintiffs in the first North Carolina hog farm nuisance lawsuit have filed an appeal with the US Court of Appeals for the Fourth Circuit.  A number of agricultural groups, including the American and North Carolina Farm Bureau have filed an amicus brief on behalf of the plaintiffs arguing that the North Carolina Right to Farm law should have applied as… Read More →

2018 Ag Law Year in Review

Well, it’s been quite a year for agricultural law!  Looking back, it has been interesting to see the variety of legal issues that have come up in the last 365 days.  From a major class action settlement by Syngenta to new electronic logging device rules to nuisance litigation in North Carolina, there are numerous issues of which agricultural producers should be aware. If you want to hear more about these topics, Paul Goeringer and I did a Year in Review joint podcast.  You can listen here.  {Since we… Read More →

June 29, 2018 Weekly Round Up

Happy Friday!  My husband and I just returned from a little vacation in the California wine country.   Although we had a great time in Napa, I made sure to keep up with the ag law news this week so I could share some of the biggest stories with you all. *Justice Kennedy announces retirement.  Perhaps the biggest news this week was that US Supreme Court Justice Anthony Kennedy announced he will retire during the Court’s summer break.  Immediately, talk turned to speculation over who President Trump might… Read More →

June 22, 2018 Weekly Round Up

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 →