Category Archives: Uncategorized

Court Rules in Corner-Crossing Trespassing Case

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The United States Court of Appeals for the Tenth Circuit issued an important ruling in Iron Bar Holdings, LLC v. Cape, a case regarding “corner-crossing” on checkerboarded land in the West.  This important decision impacts landowners and the public alike. Background Across the western United States, there are millions of acres platted into squares that alternate in ownership with one square being private and the next public that resembles a checkerboard.  For 150 years, a conflict has been brewing over property law and access to public lands in… Read More →

Lawsuits, Disaster Declaration After PFAS Contaminates Farms in Johnson County, Texas

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Farmers in Johnson County, Texas are in the epicenter of litigation surrounding alleged PFAS contamination of agricultural land, water, and livestock.  There are now two pending lawsuits, and the County has declared a state of emergency. Background Plaintiffs James Farmer, Robin Alessi, Patsy Schultz, and Tony and Karen Coleman are farmers in Johnson County, Texas. Defendant, Synagro Tech, produces a biosolid fertilizer, Granulite.  Plaintiffs allege Synagro has contracts with more than 1,000 municipal wastewater facilities across the country, including with the City of Ft. Worth. The Complaint alleges… Read More →

Recent Podcasts and Interviews

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Hello from a very chilly 7 degree day in the Texas Panhandle!  Today, we are going to share a couple of articles I have written and interviews I have done lately. Basically Famous Podcast Many of you know Tyler Schuster, the host of the Basically Famous podcast.  She asked me to be a guest on her show to chat about my life and career, some lessons I have learned along the way, mentorship, and more.  You can listen to our conversation here. Ag industry sees legal changes in… Read More →

Yet Another Corporate Transparency Update: Injunction Reinstated

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*Update:  On January 23, 2025, the United States Supreme Court lifted the nationwide injunction in Texas Top Cop Shop, LLC v. Garland.   However, a nationwide injunction entered by the United States District Court for the District of Texas remains in place in a separate case, Smith v. US Department of Treasury. In ight of that, at this time the reporting deadlines are not in place and the requirement is not being enforced.  For the most up to date information, click here.   In what feels a bit like… Read More →

BREAKING NEWS: Court Lifts Injunction; Corporate Transparency Act Reporting Deadline January 13, 2025

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*Update:  On January 23, 2025, the United States Supreme Court lifted the nationwide injunction in Texas Top Cop Shop, LLC v. Garland.   However, a nationwide injunction entered by the United States District Court for the District of Texas remains in place in a separate case, Smith v. US Department of Treasury. In ight of that, at this time the reporting deadlines are not in place and the requirement is not being enforced.  For the most up to date information, click here. Santa Claus is not the only one… Read More →

USDA To Require Electronic Tags for Certain Cattle & Bison Crossing State Lines

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The United States Department of Agriculture (USDA) published a Final Rule modifying requirements for certain cattle and bison producers who ship animals across state lines.  Specifically, the Final Rule, set to go into effect on November 5, 2024, will require ear tags that are both visually and electronically readable for interstate movement of certain bison and cattle.  To hear a discussion of the new Final Rule, click here for a podcast interview I did with Chelsea Good. Here is a brief rundown of the new rule’s requirements. Who: … Read More →

Federal Judge Enjoins USDA from Using “Socially Disadvantaged Farmer/Rancher” Category in Making ERP 2022 Payments

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A federal judge in Texas entered an injunction in Strickland v. USDA prohibiting the USDA from providing increased payments or additional relief to those meeting its definition of a “socially disadvantaged farmer or rancher” in its ERP 2022 program.  [Read Opinion and Order here.]  While the injunction applies only to ERP 2022, the Court’s discussion of the Plaintiffs’ likelihood of success on the merits could seemingly apply to other programs for which the “socially disadvantaged” categorization is used. Background Plaintiffs are Texas farmers who sued the USDA alleging the USDA’s… Read More →

Recent Recorded Programs & Interviews

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Over the past few months, I have done a number of recorded presentations and interviews.  We have collected those in one place for you to watch and/or listen below. Farm & Ranch Estate Planning Presentation – Tarrant County Women in Agriculture A couple of months ago, I had the opportunity to talk farm and ranch estate planning basics with at a program for women hosted by Tarrant County AgriLife Extension.  To watch, click here. If you are interested in a more in-depth discussion of these same topics, check… Read More →

Texas Farmers Sue USDA for Alleged Discrimination

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**UPDATE**  In June 2024, a federal judge issued an injunction in this case prohibiting USDA from making ERP 2022 payments utilizing the “socially disadvantaged” category to increase payments to qualifying producers.  Read more here. A group of Texas farmers recently filed suit against the United States Department of Agriculture claiming that the USDA improperly discriminated against them in administering various disaster and pandemic relief programs. Plaintiffs in Strickland v. USDA challenge the USDA’s disparate treatment for certain producers based upon race and sex. The Plaintiffs assert that the USDA violated… Read More →

The Panhandle Wildfire Aftermath – Resources for Producers & Landowners

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The damage and devastation left in the wake of the Panhandle wildfires is unimaginable and will continue to impact landowners, agricultural producers, families, and communities for years to come. As those impacted begin to rebuild, there are resources available to help. USDA Programs There are a number of programs through the United States Department of Agriculture Farm Service Agency (FSA) that may be available to assist producers who have suffered losses of land, livestock, and fences due to the fires. We have a podcast episode and video walking… Read More →