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Category Archives: United States Supreme Court Decisions
February 27, 2015 Weekly Round Up
Happy Friday! Last week I was in Washington, DC speaking at the USDA Outlook Forum. It was a great conference and I enjoyed the opportunity to participate! A special thank you to Shayle Shagam and David Anderson for inviting me to speak. Here are a few ag law stories in the news this week. * Denton Fracking Cases With Both Be Heard in Denton County. After Denton voters passed a ban on fracking within city limits last November, two lawsuits were filed challenging the ban. The Texas Oil and Gas Association… Read More →
Seed Saving Law: What Farmers Need to Know
I recently wrote an article for Progressive Forage Grower magazine providing an overview of seed saving law in the United States. This is a legal issue that farmers need to understand and ensure they follow to avoid costly fines and litigation. Bowman v. Monsanto In 2012, an Indiana farmer, Vernon Hugh Bowman, found himself before the United States Supreme Court in a battle over his planting soybean seeds on his 65 acre farm. The seeds he planted were produced by Monsanto and genetically modified to survive the spraying… Read More →
November 21, 2014 Weekly Round Up
We made it to Friday! Tomorrow I will be teaching my last law school class at the Texas A&M School of Law in Ft. Worth. I have so enjoyed the opportunity to teach this class and was fortunate to have an absolutely outstanding group of students. To those students visiting the blog, welcome and thanks for a great semester! Here are some of the ag law stories in the news this week. * Railroad Commission Finalizes New Disposal Well Safety Rule. The Texas Railroad Commission has promulgated a new… Read More →
July 18, 2014 Weekly Round Up
This week we have an interesting mix of ag law in the news. *Augustin Plains Ranch LLC Files Another Water Use Application in New Mexico. Augustin Plains Ranch LLC has filed another application to drill 37 wells and pipe 17 million gallons of water per year from rural western New Mexico to the Bernalillo County. A similar proposal was rejected by the State Engineer in 2012 finding it too broad and too vague. Numerous ranchers, landowners, environmental groups, and irrigation districts opposed the application in 2012–one of the most contested applications in New Mexico history–fearing… Read More →
November 22, 2013 Weekly Round Up
**This article is not a substitute for the advice of an attorney.** This week I was able to speak to two different groups on ag law issues. On Monday, I was in Waxahachie, Texas speaking with folks at the Ellis County Beef and Forage Producer Meeting about agricultural leases. Over the last two weeks, I have also been guest lecturing for Professor Fred Boadu’s undergraduate ag law course here at Texas A&M. Welcome to the new readers from the meeting and the class! Here is a look at… Read More →
October 11, 2013 Weekly Round Up
**This article is not a substitute for the advice of an attorney.** Thank you all for your comments and emails on the Surface Water Issues blog that was posted earlier this week. These are major issues that are important not only to agriculture in Texas, but to all people nationwide. To wrap up the week, here is a list of a few ag law stories making news this week. Have a great weekend! (First) A group of animal rights activists, including PETA and the Animal Legal Defense… Read More →
October 4, 2013 Weekly Round Up
**This article is not a substitute for the advice of an attorney.** I spent this week traveling across Texas for various presentations and meetings. I enjoyed the chance to speak to the Texas Chapter of the American Society of Farm Managers and Rural Appraisers in Wichita Falls about current water legislation and litigation on Monday and to a group of landowners in Jack County about eminent domain and pipeline easement negotiations on Tuesday evening. To those of you who are new to the blog from those events, welcome! … Read More →
Texas Water Wars: Texas v. New Mexico
**This article is not a substitute for the advice of an attorney.** Today we turn to our third and final post in the Texas Water Wars series. Here are links to the first two posts in this series: United States v. Mexico and Texas v. Oklahoma. Background In 1938, Texas, New Mexico, and Colorado entered into the Rio Grande Compact (“the Compact”) to allocate water from the Rio Grande between the three states. The Compact requires that New Mexico deliver water into the Elephant Butte Reservoir. At that point, the United… Read More →
Texas Water Wars: Oklahoma Victorious Over Texas
**This article is not a substitute for the advice of an attorney.** We are moving on to the second of our three part Texas Water Wars blog series today. As you recall, last Monday the blog focused on the dispute over a 1944 treaty between Mexico and the United States. Today, we turn our attention north and look at the United States Supreme Court’s decision in Tarrant Regional Water Board v. Herrmann. As Justice Sonya Sotomayor pointed out, there is a long history of battles involving the Red River–a Civil… Read More →
July 12, 2013 Weekly Round Up
**This article is not a substitute for the advice of an attorney.** Here is a quick recap of some agricultural law stories making the news this week. *Mexico to release water. The International Boundary and Water Commission announced this week that the Mexican government has agreed to release some water to the United States from a Rio Grande tributary. This release comes amidst escalating tensions between the United States and Mexico regarding compliance with a 1944 treaty. Lawmakers and Commission officials say that Mexico’s announcement that will release water is… Read More →