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Category Archives: Uncategorized
Save the Dates: Owning Your Piece of Texas & Ranchers Leasing Workshops Back for 2023
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 →
Egg Pricing Case Going Forward; Petition for Review at Texas Supreme Court
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 →
December 2, 2022 Weekly Round Up
Happy December! We are back with a number of updates for you with regard to agricultural law news around the country. *Lesser prairie chicken listed under Endangered Species Act. On November 17, the US Fish and Wildlife Service issued a press release that it will be listing the lesser prairie chicken as threatened in the northern distinct population segment (including areas in southeastern Colorado, southcentral and western Kansas, western Oklahoma, and the northeastern Texas Panhandle.) and endangered in the southern distinct population segment (including areas in eastern New… Read More →
Debt Relief for Certain Farmers and Ranchers
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.
August 5, 2022 Weekly Round Up
Happy Friday and Happy August! We’re back with another Ag Law Weekly Round Up. Earlier this week, I was able to travel to California with my kids and my aunt to accept the Distinguished Extension Program Award (less than 10 years) from the Agricultural and Applied Economics Association. I am so honored to have received this award, and my children were quite excited to swim in the Pacific Ocean and visit Disneyland. With that, here are some of the ag law stories in the news this week. *US… Read More →
Thank You To Our Sponsors!
We wanted to take a minute to give a big THANK YOU to all of the Texas Agriculture Law Blog sponsors. We are so grateful for your support of this blog! We appreciate Capital Farm Credit, Lone Star Ag Credit, Texas Corn Producers, Texas Farm Credit, Texas Forestry Association, Texas and Southwestern Cattle Raisers Association, Insureberry (a division of Ag Workers Insurance), Texas Grain Sorghum Producers Association, Texas Land Associates, and Texan Title. If you’re a reader, please take a moment to thank these sponsors!
Rights of First Refusal and the Importance of Record Notice
A right of first refusal can be a good way to ensure a person has an option to purchase property before it is sold to another. However, as the Amarillo Court of Appeals recently considered in Mr. W. Fireworks, Inc. v. 731 Properties, LLC, certain steps must be taken to ensure enforceability of this right. [Read opinion here.] Background Mr. W Fireworks, Inc. (“Mr. W”) owns fireworks stands across Texas, New Mexico, and Oklahoma. One of its stands is on Soncy Road in Amarillo on land that it leased… Read More →
FREE Direct Beef Sales Programs
Are you interested in selling beef directly to the consumer? What type of insurance do you need? How do you set your prices? Do you need any permits? Will it increase your profits? Not sure where to start? Wonder what mistakes people have made getting their business off the ground? We’ve got the program for you! Dr. Justin Benavidez and I will be hosting two in-person programs focused on the legal and economic issues related to direct beef sales. These day-long programs will cover a variety of issues… Read More →
US Court of Appeals for the Tenth Circuit Dismisses Beef Labeling Claim
The United States Court of Appeals for the Tenth Circuit recently dismissed a lawsuit filed by a New Mexico consumer and a New Mexico cattle rancher against beef packers claiming that the packers’ use of the “Product of the USA” label is misleading as not all products bearing such label originate from cattle born and raised in the United States. [Read Opinion here.] Background This case involves two class action Complaints filed against packers Tyson Foods, Cargill Meat Solutions, JBS USA Food Company, and National Beef (“the Defendants”). … Read More →
Southern Ag Today
For those of you interested in agriculture across the southern United States, we have an exciting new project! Southern Ag Today is a collaboration between 13 universities across the South, including Texas A&M. Each weekday, there is a short article on a topic of interest to southern agriculture. Topics range from crop and livestock marketing to policy, farm management to co-ops, international trade to forestry, rural development to agricultural law (obviously my favorite!) Check out the website and subscribe to hear from some of the best economists… Read More →