Category Archives: WOTUS

January 27, 2023 Weekly Round Up

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

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 – National

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 →

Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions

I am excited to announce that Jesse Richardson, Gatlin Squires, and I recently had a law review article published in the William & Mary Environmental Law and Policy Review. [Click here.] Our article, Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions, takes a deep dive into the history surrounding the “waters of the United States” definition, charting approaches from regulations to Supreme Court cases to the recent Obama and Trump Rules.  It was… Read More →

March 18, 2022 Weekly Round Up

It has a been a wild couple of weeks around here with seven presentations since the last Weekly Round Up.  Like my schedule, it’s been a busy couple of weeks in the ag law realm as well. * Parties continue settlement discussions in Texas v. New Mexico.  As noted last week, the Special Master overseeing the litigation in Texas v. New Mexico postponed the trial date and gave the parties until March 1 to report back on settlement negotiations.  The parties have asked for additional time to continue ongoing negotiations and will… Read More →

WOTUS Update: Another year, another definition

As we have for the past five years in a row, Shannon Ferrell and I recently authored an article for Southwest Farm Press providing an update on the current status of the meaning of “waters of the United States.  To hear our thoughts on where we are now, click here.  Jim Bradbury and I discussed this exact topic on our most recent Ag Law in the Field Podcast episode, which you can find here. Also, since our article was written, the United States Supreme Court has granted a… Read More →

February 4, 2022 Weekly Round Up

Happy Friday from the cold, snowy Texas Panhandle.  Here are a few of the ag law stories in the news over the past couple of weeks. *United States Supreme Court to review Sackett v. EPA.  The US Supreme Court has agreed to hear arguments in Sackett v. EPA in order to answer a very important question under the Clean Water Act:  What is the proper tests for courts to use in determining whether a wetland is considered a Water of the United States?  The US Court of Appeals for the… Read More →

2021 Ag Law Year in Review – National

Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

December 3, 2021 Weekly Round Up

Happy December!  There has been a lot of agricultural law news over the past few weeks, so here are some of the biggest stories impacting agriculture. *Texas Supreme Court denied petition for review in Lyle v. Midway Solar.  Earlier this year, the El Paso Court of Appeals dismissed a lawsuit filed by mineral owners against a solar company for building a solar farm on the property.  The court held that the accommodation doctrine would apply, but that because the mineral owner had not sought to actually develop the minerals,… Read More →

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 →