Category Archives: WOTUS

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 10, 2020 Weekly Round Up

Happy Friday!  We are looking at a high of 108 today in the Texas Panhandle.  I hope you are all staying cool and healthy. Here are some of the agricultural law stories in the news over the past week. *Texas Wildlife Association Annual Convention available online.  The Texas Wildlife Association has curated a wonderful annual convention and has posted every session online, available to anyone, for free!  This includes my 30 minute presentation on landowner liability, which you can watch by clicking here. *USDA seeks comment on potential… 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 →

May 29, 2020 Weekly Round Up

Thanks for joining us for another Ag Law Weekly Round Up!  Here are some of the ag law stories in the news over the past couple of weeks. *CFAP program sign up is underway.  Sign up for the Coronavirus Food Assistance Program is open through August 28, 2020.  For more information on this program, click here for the TAMU Ag & Food Policy Center overview of the program.  For sign up information and forms necessary, click here. *Sackett Clean Water Act litigation continues.  Back in 2012, the US Supreme… Read More →

May 1, 2020 Weekly Round Up

Happy May Day to all!  I hope everyone is staying safe and healthy. Here are some of the biggest ag law stories in the news over the past couple of weeks. *Navigable Waters Protection Rule is published.  The WOTUS saga continues.  The Trump administration’s definition of “waters of the United States” under the Clean Water Act, newly named “Navigable Waters Protection Rule,” was published in the Federal Register on April 21.  I’ll have a blog post discussing the details soon, but for now if you want to read… 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 →

January 24, 2020 Weekly Round Up

It’s been a busy couple of weeks in agricultural law.  It has also been busy for my speaking schedule!  Welcome to those of you joining from my programs in Palestine, Carthage, Amarillo, Lubbock, and Floydata. Here are some of the ag law stories in the news. *TDA published proposed Texas hemp regulation.  The Texas Department of Agriculture has published its proposed Texas hemp regulation.  [View proposed regulation here.]  Importantly, this is not a final regulation as it has not yet been adopted by TDA.  On January 22, a… Read More →

December 20, 2019 Weekly Round Up

One last ag law fix before we head off into the Holidays!  Here are some of the ag law stories making news over the last couple of weeks. *WOTUS: The gift that keeps on giving.  As has become tradition around here, Shannon Ferrell and I close out the year writing about the current status of WOTUS.  If you’re curious where things currently stand, we’ve got you covered.  Just click here for our recent article in Southwest Farm Press. *Comment period for USDA Final Interim Hemp Rule extended.  The… Read More →

November 1, 2019 Weekly Round Up

Happy Halloween!  Here is a look at how trick or treating in went in my house with our unicorn and feed sack.   Here are a few ag law stories in the news over the past couple of week. *USDA released Interim Final Hemp Rule.  The much-anticipated USDA rule related to hemp production was released on Wednesday.  To read my summary of the proposed rule, click here.  Also, Dr. Justin Benavidez wrote a great summary of some of the economic info included in the “costs and benefits” section… Read More →