Category Archives: United States Supreme Court Decisions

US Supreme Court to Hear Case on Pesticide Preemption

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The United States Supreme Court has agreed to hear Durnell v. Monsanto, a case raising the question of whether state law failure-to-warn claims are preempted by federal pesticide law. Background Monsanto is an agrochemical company that has manufactured and sold the herbicide marketed under the tradename Roundup since 1970s.  Note that Bayer purchased Monsanto in 2018, so there may be references to both companies as we discuss the case.  Roundup is one of the most popular and most utilized herbicides in the United States and is used in both agricultural… Read More →

February 2026 Monthly Round Up

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The month of February has brought a number of new court rulings, agency action, and litigation.  Let’s get caught up on some of the biggest agricultural law stories this month. *US Supreme Court strikes down tariffs under the International Emergency Economic Powers Act.  The United States Supreme Court issued its opinion in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs.  To enact such tariffs, the President would need “clear authority” from Congress, which the language in… Read More →

July 3, 2025 Weekly Round Up

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Happy Independence Day to all!  We hope you all have an enjoyable holiday. We’re here to recap some of the biggest ag law stories in the news over the past few weeks.  Let’s get started! * Texas Supreme Court decides Cactus Water Services v. COG Operating.  The biggest news in Texas has to be the Court’s decision regarding produced water.  This case asked the question of whether produced water–water that is extracted with oil and gas production–belongs to the surface owner or the mineral lessee. The Court held that… Read More →

January 24, 2025 Weekly Round Up

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It has been quite the week with much of the country facing cold temperatures and snow!  Beyond the weather-related news, there were a number of important ag law stories as well. * SCOTUS weighs in on Corporate Transparency Act reporting; a nationwide injunction remains in place.  The litigation surrounding the constitutionality of the Corporate Transparency Act continued this week.  On Thursday, the United States Supreme Court lifted the nationwide injunction in Texas Top Cop Shop v. Garland.  [Read article here.]  Although that stay is no longer in place, there was… Read More →

Texas v. New Mexico – Where Are We Now?

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Recently, Jesse Richardson and I co-authored an article for Southern Ag Today looking at the current status of Texas v. New Mexico and what the United States Supreme Court’s recent opinion in this case may mean for water law going forward. To read the article, click here. For additional background on the case, read here and listen here.

June 28, 2024 Weekly Round Up

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It has been a whirlwind of a couple of weeks for agricultural law.  Here is a quick rundown of some of the biggest stories in the news. *Federal government lifts boundary limitations on Muleshoe National Wildlife Refuge.  The US Department of the Interior has lifted boundary limitations on four wildlife refuges across the country, including the Muleshoe National Wildlife Refuge here in Texas.  This will allow these refuges to expand their acreage.  Importantly, the acquisition of any additional acreage will be voluntary and will not be taken by… Read More →

US Supreme Court Allows Texas Landowners Takings Claims to go Forward on Amended Complaint

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The United States Supreme Court issued a unanimous decision in Devillier v. Texas, allowing Texas landowners’ takings claims to proceed against the State of Texas under an amended complaint.  [Read Opinion here.] Background A group of Texas farmers, ranchers, and rural landowners filed an inverse condemnation action against the State of Texas claiming that the Texas Department of Transportation’s (DOT) widening of I-10 intentionally caused widespread flooding on their property resulting in a taking for which they were due just compensation. The Plaintiffs are more than 120 landowners who… Read More →

US Supreme Court Considers Texas Takings Case

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Last week, the United States Supreme Court heard oral argument in Devillier v. Texas, a lawsuit involving rural landowners who claim the State of Texas took their private property by building a highway in a manner that caused flooding on their adjacent lands. [Read article here.] Background A group of Texas farmers, ranchers, and rural landowners filed an inverse condemnation action against the State of Texas claiming that the Texas Department of Transportation’s (DOT) widening of I-10 intentionally caused widespread flooding on their property resulting in a taking for… Read More →

January 19, 2024 Weekly Round Up

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It has been a very busy couple of weeks for agricultural law around the country.  Here are some of the biggest stories in the news. *Texas landowners argue takings case at United States Supreme Court.  This week, the United States Supreme Court heard oral argument in Devillier v. Texas.  The lawsuit involves claims by rural landowners who claim Texas’ expansion of I-10 east of Houston resulted in flooding that constitutes a taking of their private property for which they are entitled to just compensation.  At issue in the case… Read More →

2023 Ag Law Year in Review – National

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I am always amazed when I sit down and look at all of the agricultural law news over the last year.  2023 was no exception, and there was no shortage of news in the ag law realm.  If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →