Category Archives: United States Supreme Court Decisions

January 12, 2017 Weekly Round Up

Posted on by

It was a busy week around here as I traveled to Nashville to speak at the American Farm Bureau Federation Conference.  It was my first time to be on the same agenda as the President, so that was quite exciting!  To those of you joining from that conference, welcome to the blog!  Here are some of the ag law stories in the news this week.   * US Supreme Court will not hear Endangered Species Act case involving Utah prairie dog.  You may remember a case in Utah where… Read More →

US Supreme Court Talks Regulatory Takings in Murr v. Wisconsin

Posted on by

The United States Supreme Court issued a decision in Murr v. Wisconsin last week, siding with the state and holding that two lots adjacent to a river should be considered as one parcel for takings analysis.  Perhaps more relevant than the actual holding in the case is the discussion that the court engaged in related to regulatory takings analysis generally. Background The Murr siblings own two 1.25-acre waterfront lots on Lake St. Croix in Wisconsin.  The first lot, Lot F, was purchased in 1960 by the Murr parents, and… Read More →

June 30, 2017 Weekly Round Up

Posted on by

This week I spoke to a great group in Sweetwater about leases and estate planning.  Welcome to those of you joining from that meeting! There has been so much ag law news happening in the last couple of weeks that my head is still spinning.  Here are the highlights. * Jury verdict for Kansas farmers in first Syngenta Viptera/Duracade class action trial.  A Kansas jury awarded nearly $218 million to Kansas farmers in this much-watched class action suit, finding that Syngenta was negligent.  Syngenta has already said it plans… Read More →

Unanimous Victory in United States Supreme Court for Landowners

Posted on by

Last week, Chief Justice Roberts wrote a unanimous opinion in the case United States Army Corps of Engineers v. Hawkes, holding that landowners do have the right to challenge jurisdictional determinations by the EPA that water on their lands is governed by the Clean Water Act.  This decision is extremely important for landowners across the country.  [Read full opinion here.] Background The full factual background of this case was set forth in this prior blog post.  Essentially, the Corps of Engineers (COE) determined that waters on land owned by… Read More →

June 10, 2016 Weekly Round Up

Posted on by

We have several new blog readers this week thanks to several presentations I’ve given recently.  Two weeks ago, I was in Lubbock for the 10th Annual State Bar of Texas John Huffaker Agricultural Law Course.  In my book, this is absolute must-attend for any agricultural law attorneys!  Kudos to course directors David Waggoner and Trace Blair for all of their hard work.  Last week, I traveled to Stillwater, Oklahoma and Ft. Worth, Texas for our Ranchers’ Leasing Workshops, funded by the Southern Extension Risk Management Education Center.  We… Read More →

January 8, 2016 Weekly Round Up

Posted on by

Happy  New  Year!  I hope you all had a wonderful holiday and are ready to tackle 2016. I kicked off my year speaking to a great group of folks at the Blacklands Income Growth Conference in Waco on Tuesday.  I had an absolute blast discussing agricultural law issues and answering great questions from the audience.  To those of you joining us from the BIG Conference, welcome! Here are some of the ag law stories that have been in the news recently. * Big Bend Pipeline Project Closer To… Read More →

2015 National Agriculture Law Year in Review (Part II)

Posted on by

Today we continue in our review of national agricultural law developments in 2015.  If you missed Part I of this series, click here. EPA Revokes Approval for Suloxaflor and Enlist Duo.  Just a few weeks ago, the EPA announced it would revoke approval for suloxaflor (active ingredient in Transform) and withdraw its approval for the Enlist Duo.  Both were a result of litigation filed by environmental groups challenging the approval of these products.  Dow Chemical has stated it is confident that the EPA’s concerns can be addressed quickly… Read More →

August 14, 2015 Weekly Round Up

Posted on by

Last Friday I visited with a group of West Texas landowners at the Permian Basin Oil and Gas Conference.  Thank you all for your great questions and for those of you new to the blog, welcome!  Here are some ag law stories in the news this week. * EPA To Blame for Catastrophic Spill on Animas River.  One of the biggest national news stories this week, unfortunately, involved a catastrophic spill of contaminated water out of the Gold King Mine into the Animas River.  The spill of over… Read More →

July 3, 2015 Weekly Round Up

Posted on by

Happy July to everyone!  Yesterday, I participated in the Texas Range Webinar Series and gave a presentation on water law.  We had a great turn out for the webinar and fantastic questions! To those of you joining us from the webinar, welcome! The month kicked off with a bang as far as ag law in the news is concerned.  Here are some of the key stories making news this week. * TCEQ Files Petition for TX Supreme Court Review in Surface Water Case.  The TCEQ is seeking review… Read More →

June 26, 2015 Weekly Round Up

Posted on by

It was a busy week for ag law!  In addition to the United States Supreme Court’s decision in the “raisin case” (read my summary here in case you missed it), here are some of the other ag law stories in the news this week: *United States Supreme Court Will Not Hear Appeal in Whooping Crane Case.  The US Supreme Court has denied a petition for certiorari filed by The Aransas Project seeking review in “the whopping crane case” as it has become known.  The case involved a claim… Read More →