Category Archives: Water Law

April 21, 2023 Weekly Round Up

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Here are a few of the ag law stories in the news the past couple of weeks. *North Dakota court issues injunction against Biden WOTUS rule in 24 states.  The judge hearing a WOTUS lawsuit filed by 24 states in North Dakota issued an injunction against the rule in each of those states.  [Read article here.]  In addition to the 24 states impacted by this injunction, remember that a Texas judge previously issued an injunction prohibiting the rule from going into effect in Texas and Idaho.  [Read article… Read More →

April 7, 2023 Weekly Round Up

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It’s been another busy couple of weeks in the world of agricultural law. *State of Texas files suit challenging lesser prairie chicken listing.  The State of Texas has filed suit challenging the listing of the lesser prairie chicken as threatened and endangered pursuant to the Endangered Species Act.  The lawsuit claims the listing violates the Administrative Procedure Act, the Endangered Species and the National Environmental Policy Act.  In addition to these claims, the lawsuit alleges that this action “threats to derail” the efforts undertaken by the State and… Read More →

January 27, 2023 Weekly Round Up

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The year started out with a bang and has not slowed down yet!  Here are some of the ag law stories in the news over the past couple of weeks. *USFWS extends effective date for lesser prairie chicken listing.  The USFWS is delaying the effective date of the lesser prairie chicken listing for 60 days until March 27, 2023.  [Read article here.] *APHIS proposes electronic identification rule for certain cattle crossing state lines.  The USDA Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would… Read More →

January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

2022 Ag Law Year in Review – National

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I always enjoy the chance to look back over the year and recap the biggest agricultural law developments.  There was certainly no shortage agricultural law happenings in 2022.  Today, we’ll look at the national agricultural law scene, and next Monday, we will focus specifically on Texas.  If you want to hear more about some of the biggest national ag law stories of the year, click here for a podcast episode I did with my friend, Paul Goeringer.  With that, let’s get started! Carbon Contracts The topic about which… Read More →

November 11, 2022 Weekly Round Up

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Happy Veteran’s Day, and thank you to all who have served. We’re back again with a number of developments in the agricultural law world over the past few weeks. *PRF Deadline December 1.  Don’t forget that the deadline to sign up for Pasture, Range & Forage insurance (commonly referred to as “rainfall insurance”) is coming up on December 1.  To read more about this insurance option, click here.  For a detailed discussion of PRF and the decisions a landowner must make during sign up, click here for a… Read More →

New Mexico Supreme Court: Public May Access Streams on Private Property

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The New Mexico Supreme Court faced the following question in Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission: Does the right to recreate and fish in public water also allow the public the right to touch the privately owned beds below those waters? Background Under the New Mexico Constitution, “the unappropriated water of every natural stream, perennial or torrential, within the state of New Mexico, is hereby declared to belong to the public.”  In 1945, the New Mexico Supreme Court held this Constitutional provision… Read More →

September 16, 2022 Weekly Round Up

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I apologize for missing our last weekly round up post.  We’re back today with lots of agricultural law news from around the country. *Settlement deadline looming in Texas v. New Mexico water lawsuit.  Michael Melloy has given Texas and New Mexico until September 23 to reach a settlement in the ongoing Texas v. New Mexico water lawsuit currently pending at the US Supreme Court.  If the parties fail to meet that deadline, the case is set to go to trial, set in Cedar Rapids, IA, in January.  [Read article… Read More →

July 22, 2022 Weekly Round Up

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Happy Friday!  Here are some of the ag law stories in the news over the past couple of weeks. * Court overturns punitive damage award in case involving peach farm and dicamba drift.  The US Court of Appeals for the Eighth Circuit has overturned a $60 million punitive damage award in a case involving dicamba drift damage to a Missouri peach farm.  The court affirmed the remainder of the case, but has ordered a new trial on the sole issue of punitive damages.  I’ll have a blog post… Read More →