Category Archives: WOTUS

EPA Releases Revised WOTUS Definition

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Last week, the Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“COE”) released a final rule to amend the WOTUS definition previously issued in January.  This amended rule was issued in response to the United States Supreme Court’s decision in Sackett v. EPA. Background The definition of WOTUS is really a question regarding the scope of the Clean Water Act (“CWA”). Congress, acting under the Commerce Clause, passed the CWA in 1972.  The CWA gave federal jurisdiction over “navigable waters,” a term that was defined as… Read More →

July 14, 2023 Weekly Round Up

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There has been no summer break for news in the agricultural law world.  Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released.  A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year.  The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

June 30, 2023 Weekly Round Up

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Happy Friday and Happy Independence Day to everyone!  We’ve got a number of ag law issues to cover in today’s Weekly Round Up. *EPA to revise WOTUS rule by September 1 to comply with SCOTUS decision in Sackett v. EPA.   The EPA announced it will issue a revised final WOTUS Rule by September 1 in light of the US Supreme Court decision in Sackett v. EPA.  As you recall from this blog post and this podcast episode, the Supreme Court unanimously ruled that the “significant nexus test” was not the… Read More →

June 16, 2023 Weekly Round Up

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We’re back with some helpful resources and information about agricultural law for your Friday! *Florida foreign ag land ownership law facing legal challenge.  Micah Brown from the National Ag Law Center recently wrote a great summary of lawsuit challenging Florida’s foreign ag land ownership law as unconstitutional.  [Read article here.]  To hear Micah and I discuss foreign ag land ownership laws generally, click here. *EPA appears to continue to fight for WOTUS Rule.  You may recall from this blog post my prediction that the Biden administration would likely… Read More →

US Supreme Court Issues Opinion in WOTUS Case, Sackett v. EPA

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The United States Supreme Court has issued its Opinion in Sackett v. EPA, a case looking at the proper test to determine whether a wetland is jurisdictional under the Clean Water Act (CWA).  To hear my discussion on this case with our favorite law professors, Jesse Richardson and Anthony Schutz, click here.  To read a significantly shorter Q&A interview about the case I did with Progressive Cattle, click here. Short Summary For those of you who have no interest in reading such a long description, here is a … Read More →

May 5, 2023 Weekly Round Up

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Happy Cinco de Mayo!  We’re back with another ag law round up of news and articles from around the country. We’ve also got a photo of our newest addition born just yesterday from our place here in Texas. *Texas Supreme Court sides with royalty owner in post-production cost case.  The Texas Supreme Court recently sided with royalty owners in Devon v. Sheppard, a case challenging post production costs in the Eagle Ford Shale.  [Read Opinion here and Dissenting Opinion here.]  To read a good summary of the decision, click… Read More →

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 →

WOTUS Update: Court Denies Nationwide Injunction; Grants Injunction for TX & ID

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A federal judge in Texas recently issued an important ruling in Texas v. EPA, a case challenging the legality of the Biden administration’s “Waters of the United States” definition under the Clean Water Act.  [Read Opinion here.] Background As we’ve discussed at length previously on this blog and on the Ag Law in the Field Podcast, Congress passed the Clean Water Act (“the Act”) in 1972, granting federal jurisdiction over “navigable waters,” which it defined as “waters of the United States, including territorial seas (WOTUS).”  Congress did not, however,… Read More →

March 24, 2023 Weekly Round Up

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Hello from Ft. Worth!  We’re excited to be at the Texas & Southwestern Cattle Raisers Convention this weekend.  If you’re here in Cowtown, be sure to say hi! Here are a number of ag law stories in the news over the past couple of weeks. *Numerous challenges filed against Biden WOTUS definition.  Brigit Rollins at the National Agricultural Law Center recently published a great article outlining the legal challenges currently filed against the Biden WOTUS definition.  [Read article here.]  Since this article, a federal judge here in Texas… Read More →