Category Archives: Water Law

October 8, 2021 Weekly Round Up

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It has been a busy week with agricultural law news coming in from across the country!  Let’s get caught up on some of the biggest stories in the news. *Texas federal court dismisses COVID-19 negligence lawsuit against Tyson. The US District Court for the Eastern District of Texas dismissed a lawsuit employees brought against Tyson Foods claiming Tyson was negligent  in the safety measures put in place at their facilities, which caused the plaintiffs to contract COVID-19.  The court found these claims were preempted by the Poultry Products… Read More →

Waters of the United States Update

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For those of you following along with the ongoing saga surrounding the definition of “waters of the United States” pursuant to the Clean Water Act, there have been several recent rulings and happenings of which you will want to be aware. Background  The Clean Water Act, passed in 1972, gave federal jurisdiction to the Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) over “waters of the United States.”  Essentially, a person who wishes to do certain activities in a water of the United States—such as point… Read More →

August 13, 2021 Weekly Round Up

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It is time for another recap of some of the key agricultural law stories in the news over the past couple of weeks. * Court orders Maui County to obtain NPDES permit for injection wells on remand.  You all likely remember the US Supreme Court decision in County of Maui v. Hawaii Wildlife Fund, in which the US Supreme Court held that NPDES permits are required for both direct discharges into waters of the United States and for indirect discharges that are the functional equivalent of a direct… Read More →

SCOTUS Rules for Georgia in Water Dispute with Florida

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The United States Supreme Court issued a unanimous decision on April 1, 2021, ending a water dispute between Florida and Georgia. Background  Florida filed an original suit against Georgia in 2013 claiming that Georgia consumes more than its fair share of water from the Apalachicola-Chattahoochee-Flint River Basin (“ACF”). The basin consists of three rivers: the Flint, the Chattahoochee, and the Apalachicola.  Both the Flint and Chattahoochee Rivers start in Georgia and empty into Lake Seminole, which sits on the Florida/Georgia border. Both are critical water sources for Georgia,… Read More →

February 26, 2021 Weekly Round Up

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Hello friends!  It’s been a wild couple of weeks here in Texas.  I appreciate all of you who reached out to check on my family and offer support during the crazy weather last week.  I am happy to report we all survived and were very happy to see the 60 degree temperatures this week!  Shelley Huguley compiled photos from producers around Texas showing the extent of the storm damage and it’s really heartbreaking to see the scope of damage to various agricultural producers.  To view her photos, click… Read More →

February 12, 2021 Weekly Round Up

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Happy Friday!  It seems like the entire state of Texas is preparing for winter weather this weekend.  I hope you all stay safe and warm.  I want to welcome those of you joining from my recent programs in El Campo and Robstown.  We’re glad you are here! Here are some of the ag law stories in the news the past couple of weeks. *Claims period open for soybean farmers who were injured by dicamba drift in 2015-2020.  Soybean farmers around the country may be eligible to make a… Read More →

US Supreme Court Dismisses Texas Petition for Review in Pecos River Dispute

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In December, the US Supreme Court issued an opinion in Texas v. New Mexico, a water law dispute involving the Pecos River. The Compact  The Pecos river runs from the Sangre de Cristo Mountains near Santa Fe, New Mexico through New Mexico and Texas and eventually into the Rio Grande River at the Texas-Mexico border near Del Rio, Texas.  In 1949, Texas and New Mexico signed the Pecos River Compact, and Congress ratified the Compact.  The Compact provides for the “equitable division and apportionment of the use of… Read More →

November 6, 2020 Weekly Round Up

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Happy Friday!  I apologize for being silent the past couple of weeks.  Things have been crazy here between work and the ice/snow storm that knocked my power out for about three days.  I am back in the saddle now and will be rolling on getting back to my weekly blogging. Here are some of the ag law stories in the news over the past couple of weeks. * EPA approves Dicamba formulations through 2025 with additional restrictions.  After the registration for three over-the-top dicamba products was revoked last… Read More →

October 9, 2020 Weekly Round Up

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Happy Friday!  I’m here to get you caught up on some of the major agricultural law stories in the news over the past couple of weeks. *SCOTUS hears oral argument in Texas v. NM water law case in Pecos River dispute. Texas v. New Mexico was on the docket to kick off the United States Supreme Court term this week.  This case, involving a dispute over the Pecos River between Texas and New Mexico, is the first time the Justices will rule on a decision made by a… Read More →

September 25, 2020 Weekly Round Up

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Happy Friday!  Here are a few of the ag law stories in the news. * Sign up for CFAP 2 program begins.  The USDA has announced a Coronavirus Food Assistance Program 2, which will provide payments to qualifying farmers and ranchers.  The application period is open now through December 11.  Many of the main commodities in our area, including cattle, sheep, sorghum, wheat, cotton, and corn are eligible.  For more information and a full list of eligible commodities, click here.  Our District 1 economist, Dr. Justin Benavidez, recently… Read More →