Category Archives: United States Supreme Court Decisions

US Supreme Court Considers Texas Takings Case

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

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

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 →

SCOTUS 2022-23 Term Ag Law Recap

The United States Supreme Court has finished releasing opinions for its 2022-2023 term.  There were a number of opinions related to agricultural law issues that are worth highlighting. Sackett v. EPA [Opinion] We have extensively covered this case dealing with the proper definition of “waters of the United States” under the Clean Water Act.  [Blog post / Podcast episode]  The Justices issued an interesting opinion in which they unanimously held the “significant nexus test” is not the proper test to determine whether a wetland constitutes a WOTUS and that… Read More →

US Supreme Court Issues Opinion in WOTUS Case, Sackett v. EPA

The United States Supreme Court has issued its Opinion in Sackett v. EPA, a case looking at the proper test to determine whether a wetland is jurisdictional under the Clean Water Act (CWA).  To hear my discussion on this case with our favorite law professors, Jesse Richardson and Anthony Schutz, click here.  To read a significantly shorter Q&A interview about the case I did with Progressive Cattle, click here. Short Summary For those of you who have no interest in reading such a long description, here is a … Read More →

June 9, 2023 Weekly Round Up

Happy June!  We’ve got plenty of ag law news to kick off the summer. *US Supreme Court rules for landowner in Sackett v. EPA, abandons “significant nexus test” for WOTUS.  I’ll have a lengthy blog post about this decision on Monday, but meanwhile, you can read a Q&A interview I did with Progressive Cattle about the decision and what it means for agriculture here. You can also listen to me and two of the best water law professors in the country break it down on my Ag Law in… Read More →

May 19, 2023 Weekly Round Up

It has been a busy couple of weeks in the agricultural law world! *US Supreme Court rules in Proposition 12 challenge.  The United States Supreme Court issued an opinion in National Pork Producers v. Ross allowing California’s Proposition 12 to stand.  On Wednesday, we published a full summary of the Court’s ruling here.  To read a far shorter summary of the ruling, click here. *US Supreme Court will not hear South Carolina Clean Water Act case.  The US Supreme Court has denied a petition for certiorari in Dakota Finance LLC… Read More →

United States Supreme Court Allows Proposition 12 to Stand

The United States Supreme Court has ruled in a closely watched agricultural law case involving California’s Proposition 12.  [Read Opinion here.] Background  In 2018, California voters passed Proposition 12 (“Prop 12”), a ballot initiative setting production standards for eggs, veal, and pork sold in California.  Relevant in this case, Prop 12 prohibited the sale of whole pork meat from breeding pigs or their immediate offspring that were “confined in a cruel manner.”  “Cruel” conditions were defined as a pig being unable to lie down, stand up, fully extend… Read More →

October 14, 2022 Weekly Round Up

Happy Friday!  It has been a busy couple of weeks in the ag law world. *US Supreme Court hears oral argument in two key cases.  The US Supreme Court heard oral argument in two key ag-related cases.  First, on October 3, 2022, the Justices heard argument in Sackett v. EPA, a case looking at the proper test for determining whether a wetland is considered a “water of the United States” under the Clean Water Act.  [Read more here.]  To listen to the recording of this argument or read the… Read More →

US Supreme Court Will Hear Proposition 12 Challenge

On March 28, the United States Supreme Court granted the petition for certiorari in National Pork Producers v. Ross, a lawsuit challenging the constitutionality of California’s Proposition 12 (Prop 12).  To hear more about animal confinement statutes generally and Prop 12 specifically, click here for a podcast episode I did with Beth Rumley from the National Agricultural Law Center. Background Prop 12, passed by California voters in 2018, makes it illegal to sell pork in California unless the pig from which it comes was born to a sow housed… Read More →