Category Archives: Water Law

October 9, 2020 Weekly Round Up

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

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 →

September 11, 2020 Weekly Round Up

Happy Friday!  We’ve had quite the cold snap come through the Texas Panhandle this week–when I was feeding on Wednesday morning, it was a brisk 36 degrees!  Here’s wishing everyone a big of a warmer weekend. Here are some of the ag law stories over the past couple of weeks. *Court dismisses western cattle groups lawsuits against NWPR Rule.  An Oregon federal court has dismissed a lawsuit filed by the Oregon Cattlemen’s Association, Washington Cattlemen’s Association and New Mexico Cattle Growers Association challenging the Navigable Waters Protection Rule,… Read More →

July 24, 2020 Weekly Round Up

We’ve made it to another Friday!  Many of you saw my post on Twitter a couple of weeks ago about how dry we were back at my parents’ ranch.  I’m happy to report they’ve received 3″ of rain in the last week.  You’ll see water standing in the rows in the photo below.   It was a sight for sore eyes, for sure!   * US Court of Appeals for the Ninth Circuit upholds registration for Enlist Duo herbicide.  In a much-anticipated decision, the Ninth Circuit issued an opinion… Read More →

July 3, 2020 Weekly Round Up

Happy Independence Day!  I hope everyone has a safe and enjoyable holiday.  Here are a few of the ag law stories in the news over the past couple of weeks. *Dicamba update.  As you recall from this prior post the United States Court of Appeals for the Ninth Circuit issued an order vacating registrations for three over-the-top dicamba products for soybeans and cotton.  Shortly thereafter, the Environmental Protection Agency issued a cancellation order, which allowed certain existing stocks to be used through July 31.  [Read blog post on… Read More →

So Many New Opinions!

Over the last month, there have been a large number of agricultural-related opinions released here in Texas.  I plan to blog on each of these individually, but many of you have asked for some basic information about several of the opinions.  Today, I will be giving brief summaries of the cases and links to read the full opinions for those of you who may be interested in doing so.  Stay tuned over the next couple of months to see much deeper dives into the decisions in each of… Read More →

US Supreme Court Decides Maui County Clean Water Act Case

The much-anticipated United States Supreme Court decision in County of Maui v. Hawaii Wildlife Fund was released last week.  It is a fascinating decision that results in the Court adopting a “functional equivalent” test.  [Click here.] Background Under the federal Clean Water Act, it is unlawful to discharge a pollutant from a point source into a Water of the United States without obtaining a federal permit.  The question before the US Supreme Court is whether a permit is required when pollutants originate from a point source, but travel through… Read More →

October 4, 2019 Weekly Round Up

Happy October!  It finally feels like fall in the Texas Panhandle and I’m sure enjoying it.  Here are a few ag law stories that have been in the news over the past couple of weeks. * Elder law podcast is a must listen.  I don’t usually share my own podcast episodes in the Weekly Round Up, but the interview I posted this week with elder law attorney, Kristen Porter, is one that I really think is so important, especially for farm and ranch families.  Kristen talked us through… Read More →

August 2, 2019 Weekly Round Up

Welcome to August!  I’m not sure how the summer has flown by, but here we are.  These are a few of the ag law stories in the news this week. *Second round of Market Facilitation Program payment rates announced.  Last week, the USDA announced payments for round 2 of the Market Facilitation Program.  These payments are designed to provide assistance to farmers of commodities impacted by “unjustified foreign retaliatory tariffs, resulting in the loss of traditional export markets.”  Payment rates have been set per county for qualifying crops. … Read More →

July 19, 2019 Weekly Round Up

It’s been a busy week on the ag law front in Texas.  Here are some of the stories in the news this week. *Texas water battle featured in Wall Street Journal.  A water fight in Pecos County was featured in a Wall Street Journal article this week.  The article does a good job illustrating the tensions between landowners, agricultural producers, oil and gas companies, and Texas law.  [Read article here.] *New law allows killing feral hogs without hunting license.  As of September 1, 2019, no hunting license is… Read More →