Category Archives: WOTUS

WOTUS Update: Another year, another definition

Posted on February 7, 2022 by tiffany.dowell

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

Posted on February 5, 2022 by tiffany.dowell

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

Posted on January 3, 2022 by tiffany.dowell

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

Posted on December 3, 2021 by tiffany.dowell

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

Posted on September 24, 2021 by tiffany.dowell

>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

Posted on September 20, 2021 by tiffany.dowell

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

Posted on July 30, 2021 by tiffany.dowell

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

Posted on June 11, 2021 by tiffany.dowell

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

Posted on May 21, 2021 by tiffany.dowell

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

Posted on April 23, 2021 by tiffany.dowell

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 →