Category Archives: WOTUS

September 24, 2021 Weekly Round Up

>Hello and Happy Friday!  We’re back with an Ag Law Weekly Round Up to catch you up on some of the ag law stories over the past month. *EPA Administrator discusses dicamba, WOTUS, and ag advisor.  Recently, EPA Administrator, Michael Regan, spoke at the NASDA national meeting.  He indicated that the EPA is currently working on a new version of the “waters of the United States” definition pursuant to the Clean Water Act, and he expects for the initial proposed draft to be released in November.  He did… Read More →

Waters of the United States Update

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 →

July 30, 2021 Weekly Round Up

Happy Friday!  On Tuesday, I commented to a couple of friends it had been a quite couple of weeks on the agricultural law front.  Apparently, that opened the flood gates and we’ve got a full slate of news for today’s Weekly Round Up! * United States Court of Appeals for the Ninth Circuit upholds ruling in Montana beef checkoff case.  The Ninth Circuit has upheld the decision of the District of Montana upholding the Montana Beef Checkoff.  Specifically, the court found that because of the MOUs between the… Read More →

June 11, 2021 Weekly Round Up

If you expected it to be a quiet summer for agricultural law, you were sorely mistaken!  If the rest of the summer is anything like the first couple of weeks, we’re in for a lot of action.  Here are a few of the ag law stories recently in the news.   * Governor Abbott signs HB 365, modifying the Texas Farm Animal Liability Act.  We’ve discussed this bill previously while it was in committee, but Governor Abbot has now signed the FALA amendment passed by the legislature.  This… Read More →

May 21, 2021 Weekly Round Up

Welcome to Friday! I hope everyone has fun weekend plans.  I will be running a Dinosaur 5K with my kids tomorrow, so we will see how Mama survives with a 4 and 5 year old in tow! Here are some of the biggest ag law stories in the news over the past couple of weeks. *Potential tax policy changes cause concern.  President Biden’s administration has indicated there may be policy changes related to capital gains taxes that have caused concern for many agricultural groups. In particular, President Biden’s… Read More →

April 23, 2021 Weekly Round Up

Happy Friday!  It’s sure been a week around here.  I hope we all get some rest this weekend. Here are some of the ag law stories in the news the past couple of weeks. *Important property tax deadlines coming up for rural Texas landowners.  Many property tax deadlines are coming up, requiring that paperwork be submitted by rural landowners to County Appraisal Districts before May 1.  This includes the deadline to submit an open space valuation application and a wildlife management valuation application.  Keep in mind, anyone who… Read More →

April 9, 2021 Weekly Round Up

Happy Friday!  Spring has sprung here in the Texas Panhandle and I’m enjoying the green grass and warmer weather.  Here are few of the ag law stories in the news over the past couple of weeks.   * Farm Animal Liability Act bill moves forward as amended.  You may recall from our post a week ago that HB 365 is currently pending and would modify the Texas Farm Animal Liability Act to ensure application to working farms and ranches.  For more detail, click here.  The bill continues to… Read More →

Annual Holiday “Waters of the United States” Update

This article was co-authored with Shannon Ferrell at Oklahoma State University.    As readers have likely come to expect, holiday traditions include twinkle lights, tasty cookies, and another update on WOTUS from the agricultural lawyers.  It really is the gift that keeps on giving us content for this annual article. The federal Clean Water Act prohibits discharges of pollutants to “waters of the United States” but when Congress passed the act in 1970, it failed to define the term.  The past 50 years have left landowners, developers, policy… Read More →

2020 Agricultural Law Year in Review – National

Happy Holidays!  I love doing these year in reviews and look forward to writing them every year.  There was certainly no shortage of ag law news in 2020.  Here is a look at some of the biggest ag law stories from the last 365 days.  On Thursday, Paul Goeringer and I will release a joint podcast recapping some of these issues as well. Dicamba Controversy and Litigation For cotton and soybean farmers, dicamba certainly has to the biggest issue of 2020.  To hear more, listen to this podcast… Read More →

Navigable Waters Protection Rule (aka the New WOTUS Rule)

Disclaimer–This blog post is really detailed.  If you’re not into all the nerdy legal technicalities, I’d read the Background, Summary of WOTUS Rule v. NWPR, and What Happens Now and go on about your day.   If you have been around for a while, you know we have been following the saga surrounding the definition of “Waters of the United States” or “WOTUS” for several years.  On April 21, 2020, the Environmental Protection Agency published the Navigable Waters Protection Rule (NWPR), the newest regulatory definition of WOTUS.  [Read… Read More →