Last week, the Texas Supreme Court issued an opinion in Helena Chemical Co. v. Cox, a case pitting cotton farmers against an aerial herbicide applicator. [Read opinion here.] Background Plaintiffs grow cotton in Mitchell County, Texas.  They allege that defendant, Helena Chemical Company (“Helena”), supervised aerial application of Sendero, a herbicide primarily used to kill mesquite trees, on the Spade Ranch.  Plaintiffs claim that the Sendero sprayed on the Spade Ranch over several days in 2015 and 2016 drifted and damaged their cotton crops.  They blame this drift for… Read More →

In January, the Food & Drug Administration (FDA) released specific details on a change to how certain antibiotics for animal use may be purchased.  As of June 11, 2023, a number of veterinary antibiotics considered “medically important antimicrobials” previously sold over the counter will require a veterinary prescription in order to purchase.  Here are answers to some common questions surrounding this new rule. What is the new rule?  The Food and Drug Administration’s CVM GIF #263 makes changes to the availability of certain over the counter antibiotics for… Read More →

You may recall this time last year, Dr. Justin Benavidez and I were working hard to get Texas landowners and ag producers to respond to our survey on land ownership.  This project was funded by the Texas Corn Producers.  We were thrilled that nearly 650 people responded.  To those of you included in that number, thank you! Thanks to the data set we had to work with, we were able to catch an interesting glimpse and insight into rural land ownership in Texas.  We are excited to have… Read More →

Our two award-winning programs will be back on the road for 2023! Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know This one-of-a-kind program offers rural landowners and agricultural producers in Texas an overview of many of the key agricultural law issues that they could face.  The live course allows for great questions-and-answer and discussion with the audiences.  This year, we’re excited to head to Rosenberg, Dripping Springs, and Emory. From landowner liability to eminent domain, special use tax valuation to fence law, we address… Read More →

One common way that cattle producers enter into the direct beef sales world is by selling a live calf to the consumer and then delivering the calf to a custom processing facility where it will be processed.  As we discuss in detail in our “Where’s the Beef? Legal & Economic Considerations for Direct Beef Sales,” this approach can be attractive to producers as it allows them to avoid many of the additional requirements that come when selling beef, as opposed to selling the live animal. For example, if… Read More →

The State of Texas claims that Cal-Maine Foods illegally charged excessive prices for eggs during the Covid-19 pandemic. This is the first case to interpret the Texas Deceptive Trade Practices Act disaster price gouging provision.  The trial court dismissed the case, but the First Court of Appeals in Houston reversed that decision.  [Read Opinion here.]  A Petition for Review is currently pending at the Texas Supreme Court with the State of Texas’ response due February 6, 2023. Factual Background Cal-Maine Foods is the largest producer of shell eggs… Read More →

Dr. Bart Fischer and I recently co-authored an article for Southern Ag Today looking at the current legal status of Section 1005 of the American Rescue Plan of 2021.  This provision required the USDA to make payments to socially disadvantaged farmers and ranchers  “up to 120% of outstanding indebtedness” of eligible producers for both direct and guaranteed loans administered by USDA agencies.  Numerous lawsuits were filed around the country. To find out more about the current status of Section 1005, click here to read our article.