Category Archives: Year in Review

2017 Ag Law Year in Review – Texas

{If you missed our post from Monday outlining the major legal developments for 2017 on the federal level, click here.}  Today, we will turn our attention to Texas and look at some of the major issues impacting agricultural law during the past year. Parties reach settlement in Red River boundary dispute. The dispute between landowners and the federal government regarding the line where private property ends and federal property begins along the Red River was extremely heated and received a great deal of media coverage.  When BLM agents… Read More →

2017 Ag Law Year in Review – Federal

2017 has been a busy year on the agricultural law front.  From WOTUS to “ag gag,” Syngenta to Dicamba, there has been no shortage of drama this year.  Here is a look at some of the most important issues on the federal level.  (A post outlining major issues in Texas is forthcoming.)  Paul Goeringer and I recorded a webinar discussing these issues as well, which can be found here. EPA heads back to the drawing board to re-draft WOTUS rule. Where to even start?  Readers likely remember back… Read More →

May 12, 2017 Weekly Round Up

We’ve made it to Friday yet again!  Here are some of the legal issues in the news this week. * EPA seeks input from governors on revisions to WOTUS rule.  EPA Administrator Scott Pruitt sent a letter this week to the 50 state governors seeking input from them on the re-write of the WOTUS rule.  He noted the value and importance of local input when writing the new rule.  [Read article here.] * Federal judge dismisses legal challenge to North Carolina lawsuit over Property Protection Act.  A federal… Read More →

A Look Forward: Ag Law in 2017

It appears that 2017 could be an important year for a number of agricultural law issues.  From the Clean Water Act, to “Ag Gag” legislation, to the Endangered Species Act, there are a number of pending cases that could have major impacts on the agricultural industry in the coming year.  Here is a brief look at four of the biggest cases to watch this year. WOTUS lawsuit and potential Congressional action. Everyone may be tired of talking about the new rule promulgated by the Environmental Protection Agency and… Read More →

2016 Ag Law Year in Review: State Level

Happy New Year!  We are back with Part II in our series looking back at the biggest agricultural law issues of 2016.  If you missed Part I, which focused on federal issues, click here.  Today, we will be focused on Texas-specific issues. *Jury issues $2.4 million verdict in Bragg v. Edwards Aquifer Authority.  The seemingly unending saga of the Bragg case came to an end in 2016.  On remand, a Medina County jury issued a judgement in the amount of $2.5 million (exclusive of interest) in favor of the Braggs as… Read More →

2016 Ag Law Year In Review: Federal Level

2016 was quite a year for agricultural law.  From the FAA passing UAS regulations to a major water law decision by the Texas Supreme Court to Congress passing a GMO labeling bill, a lot has happened in the past 12 months.  We will take a look at the highlights in two parts, focusing today on federal issues and considering Texas issues in our next blog post. *WOTUS joint resolution vetoed, stay in place during litigation.  The controversy surrounding the Clean Water Act definition of “Waters of the United… Read More →

Texas Agriculture Law Year in Review (Part II): Oil

Yesterday, we looked at some of the major events in Texas agricultural law for 2015 related to water.  Today, we will look at the major agricultural law events having to do with oil and gas. * Texas Legislature prohibits local oil and gas production bans in most circumstances.  After Denton residents passed a bill prohibiting fracking in city limits, the Texas Legislature responded with House Bill 40.  The Bill, which was passed and signed by Governor Abbott, intends to pre-empt any local efforts to regulate oil and gas production,… Read More →

Texas Agriculture Law Year in Review (Part I): Water

In addition to the national agriculture law happenings in 2015 (which we recapped in last weeks’ blog posts), this has been a busy year for agricultural law in Texas as well.  Conveniently, the key events can be separated into two categories:  Oil and Water.  Here are the water-related highlights. * Bragg takings decision will stand.  In May, the Texas Supreme Court declined to hear an appeal in Bragg v. Edwards Aquifer Authority, a groundbreaking groundwater law case in Texas.  This means that the opinion of the San Antonio Court of Appeals remains… Read More →

2015 National Agriculture Law Year in Review (Part II)

Today we continue in our review of national agricultural law developments in 2015.  If you missed Part I of this series, click here. EPA Revokes Approval for Suloxaflor and Enlist Duo.  Just a few weeks ago, the EPA announced it would revoke approval for suloxaflor (active ingredient in Transform) and withdraw its approval for the Enlist Duo.  Both were a result of litigation filed by environmental groups challenging the approval of these products.  Dow Chemical has stated it is confident that the EPA’s concerns can be addressed quickly… Read More →

2015 National Agriculture Law Year in Review (Part I)

As 2015 draws to a close, I thought it would be interesting to take a look back at the top agricultural law developments this year.  First, we will take a couple of posts to look at the national year in review, followed up by a look at the biggest Texas-specific happenings next week. From “Waters of the United States” to drones to GMOs to the United States Supreme Court, 2015 has been a busy year for agricultural law.  Here are the highlights. “Waters of the United States” regulation… Read More →