Dicamba Update (Part II)

If you missed Part I in this series, click here. Lawsuits Begin Rolling In A number of lawsuits have been filed across the country related to these issues.  Several cases involve claims by farmers against Monsanto, BASF, and/or DuPont alleging that Monsanto violated the law by releasing their genetically modified seeds without an accompanying herbicide and that the companies should have reasonably foreseen that seed purchasers would illegally apply off-label, older dicamba formulations, resulting in drift damage.  Others claim that the new herbicide products are unreasonably dangerous and… Read More →

November 17, 2017 Weekly Round Up

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We’ve made it to another Friday!  I want to welcome those of you who attended the Five States Beef Conference in Perryton, Texas last week and are joining us from that presentation. Here are some of the ag law stories in the news this week. *Deadline to begin reporting agricultural emissions extended by EPA awaiting court mandate.  You may remember from this prior blog post that in April, a federal court held that federal regulations exempting agricultural operations from reporting emissions of hazardous substances under two federal environmental… Read More →

Dicamba Update (Part I)

Dicamba will likely go down as the biggest agricultural issue in 2017.  This post will discuss some background information and then address several recent developments regarding the herbicide dicamba. Background The herbicide dicamba has been in use since the 1960’s.  In 2012, it was the 5th most used herbicide worldwide.  The chemical, marketed under names including Clarity and Banvel, kills broadleaf weeds. Things changed in the last few years when several agricultural businesses sought to alleviate concerns with weeds that had become resistant to the common herbicide glyphosate… Read More →

November 3, 2017 Weekly Round Up

Welcome to November!  I hope everyone had a safe and enjoyable Halloween.  Our family celebrated with a tractor and an elephant, both of whom received lots of candy!   Here are some of the ag law stories in the news this week. *John Deere wins trademark infringement claim.  Speaking of tractors, Deere & Co. recently won a trademark infringement case in Kentucky federal court.  Deere filed suit against FIMCO (Ag Spray Equipment), a company who manufactures and sells sprayers painted, you guessed it, green and yellow.  Deere has… Read More →

Difference Between an ICE Audit & an ICE Raid: Are You Prepared?

Numerous businesses–both agricultural and others–have faced audits or raids conducted by the Immigration and Customs Enforcement in recent years. Dr. Ellen Jordan, Texas A&M Agrilife Extension Dairy Specialist, and I published a fact sheet outlining the difference between an ICE audit and an ICE raid and discussing what a business owner should do to be adequately prepared in the event either of these occur.  From putting policies in place long before ICE ever knocks on the door, to understanding the legal rights afforded to a business facing an audit… Read More →

October 27, 2017 Ag Law Round Up

Hello from beautiful  Louisville, Kentucky and the American Agricultural Law Association Annual Symposium.  It’s been a great week of catching up with old friends, meeting new folks, and hearing all about current ag law issues.  If you’re a law student or an attorney interested in the world of agricultural law, AALA’s symposium is a must! Meanwhile, here are some of the ag law stories in the news recently. *EPA makes changes to labels for popular new Dicamba herbicides for 2018 crop year.  On the heels of significant complaints… Read More →

Ag Law in the Field Podcast – Episodes 11-20

In case you may have missed them, I wanted to give a rundown of episodes 11-20 of the Ag Law in the Field Podcast, along with links to the website and show notes for each one as well.   [If you missed the recap of Episodes 1-10, click here.]   Remember, you can listen to the podcast on iTunes, your phone’s podcast app, or online at the links below.  I am always happy to take suggestions for topics of interest, so feel free to shoot me some ideas!… Read More →

Texas Legislative Session Recap

The 85th Legislative Session has come to a close.  Here is a look at some of the key agriculture-related bills considered in Austin this year.  Given the total number of bills introduced, this is not an exhaustive list of every bill that came up this session, but instead highlights some of the more important and more popular bills related to agriculture.  To look up more information about any of these bills or to search for other bills by number or topic, visit Texas Legislature Online. BILLS THAT PASSED Farm Products/Commodities HB… Read More →

October 13, 2017 Weekly Round Up

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Hello from Dallas Love Field Airport, which has been my second home recently with all my travels.  This week, I made my way to Stephenville to speak at Annie’s Project.  Huge kudos to Jason Johnson for his work coordinating this intensive educational course for farm and ranch women and a big thanks to him for inviting me to participate.  It is always one of my favorite programs of the year. Here are some ag law stories in the news this week. * Iowa “Ag Gag” statute challenged in… Read More →

Federal Appellate Court Rejects Argument That TX Eminent Domain Procedure Violates Due Process

Last week, the United States Court of Appeal for the Fifth Circuit considered a legal dispute between a landowner and the Trans-Pecos Pipeline project.  Specifically, the landowner claims that Texas eminent domain procedure violates the Due Process Clause of the United States Constitution. The court declined to issue an injunction to stay the state court eminent domain proceedings, finding that the landowner was unlikely to succeed on the merits of his claim. Background The Trans-Pecos Pipeline project is currently under construction and will result in 148-mile gas pipeline… Read More →