Category Archives: Right to Farm laws

Significant Changes Coming to Texas Right to Farm Statute

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As of September 1, 2023, there will be significant changes in store for the Texas Right to Farm statute.  The Texas Legislature passed, and Governor Abbott signed, HB 1750, HB 2308 and HB 2947, each revising the statute offering important protections to Texas rural landowners, lessees, and agricultural operators.  We have prepared a document showing the text of the Texas Right to Farm Statute as of September 1. To read a full summary of the Texas Right to Farm statute, click here. Background The Texas Right to Farm… Read More →

January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

Updates from Iowa: Right to Farm Statute Upheld; “Ag Gag” Statute Unconstitutional

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Earlier this year, the Iowa Supreme Court issued two agricultural law opinions that are critical to the state’s animal agriculture industry.  The discussion below is merely a summary of each case–for more information and detail, be sure to read the full opinions. Right to Farm Statute Upheld In August, the Iowa Supreme Court  issued an amended 4-3 opinion upholding the state’s Right to Farm law in Garrison v. New Fashion Pork LLP.  [Read opinion here.]  Specifically at issue was the Iowa Constitution’s inalienable rights clause and its application to… Read More →

January 7, 2022 Weekly Round Up

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Welcome to our first Weekly Round Up of the year.  Here are a few of the ag law stories in the news over the past several weeks. *State of Texas files amicus brief supporting landowner in Texas Central Railway case.  The State of Texas has filed an amicus brief on the side of the landowner in Texas Central Railroad & Infrastructure v. Miles, a lawsuit challenging Texas Central Railway’s use of eminent domain power.  [Read prior blog post here.]  The State’s briefing supports the landowner’s argument that Texas… Read More →

2021 Ag Law Year in Review – National

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Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

July 16, 2021 Weekly Round Up

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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

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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

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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

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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

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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 →