California Lawsuit Challenges Actions Involving Show Goat and Junior Livestock Sale

Posted on by

A California family has filed a lawsuit challenging actions of a county fair association and law enforcement officers after an exhibitor tried to avoid selling her animal at a junior livestock show.  [Read Second Amended Complaint here.] Please note that all of the facts below were taken from the Second Amended Complaint for Damages.  The Defendants have not yet filed a response. Background E.L. (name protected as she is a minor child) owned a goat named Cedar.  She purchased the goat in April 2022 and cared for him… Read More →

2023 USDA Land Values Summary

Posted on by

Earlier this fall, the USDA released its annual Land Values Summary for 2023.  [View report here.] Not surprisingly, the report indicates increasing values nationwide over the past year.   For “farm real estate value,” which takes into account the value of all land and buildings on farms, the US average value was $4,080, up 7.4% from 2022.  For cropland, the nationwide average value increased 8.1% to $5,460/acre.  For pastureland, the nationwide average value was $1,760/acre, up 6.7% from last year. The report also looks at various regional measurements. Farm… Read More →

October 13, 2023 Weekly Round Up

Posted on by

Well, better late than never as the saying goes.  We’re sneaking in right before the clock strikes midnight with our recap of some of the biggest ag law stories in the news over the past few weeks. *SEC Chair testifies that privately held farms will be exempt from climate emissions reporting under forthcoming rule.  Last month, Gary Gensler, the Chair of the Securities and Exchange Commission told Congress that the SEC intends to exempt privately owned farms from climate emissions reporting requirements when selling to publicly traded companies. … Read More →

Texans to Vote on Right to Farm Constitutional Amendment November 7

Posted on by

*NOTE:  Texas voters overwhelmingly (79%) voted in favor of Proposition 1.* On November 7, 2023, Texas voters will have the opportunity to vote on Proposition 1, which would establish the right to farming, ranching, timber production, and wildlife management into the Texas Constitution.   Background During the 88th Legislative Session, Texas lawmakers passed House Joint Resolution 126 (HJR 126). It is the language from this HJR that Texas voters will cast their ballots for or against in November.  HJR 126 reads as follows:   SECTION 1.  Article I, Texas Constitution,… Read More →

Texas Right to Farm Statute Overview

Posted on by

Earlier this year, we discussed legislative amendments to the Texas Right to Farm Statute here. Now that those changes have gone into effect, we thought it might be useful to provide a brief overview of the Texas Right to Farm Statute.  To read the full text of the Texas Right to Farm statute (with changes underlined), click here. Background One real concern for farmers across the country, especially those whose operations are located in areas where houses are moving out into traditionally more rural areas is the threat… Read More →

USDA NASS Publishes Cash Lease Data for 2023

Posted on by

Each year, the USDA National Agricultural Statistics Service conducts a nationwide survey to gather data and compile a report showing average cash rental rates across the United States.  These results are based upon the survey responses from landowners and producers around the country.  Please note that all reported cash rent amounts are listed in a per acre/per year format. To view the database with the data for each state, click here.  To view the database with data for each county in the US, click here. Tp see a… Read More →

Ag Law in the Field Podcast: Episodes 151-160

Posted on by

Did you know we have a podcast about agricultural law called Ag Law in the Field?  It is a really fun project that allows me to introduce listeners to some of the best ag lawyers in the country.  If you aren’t familiar with Ag Law in the Field or with podcasts in general, don’t panic.  This is simply another resource that I have available for you to learn more about agricultural law.  Each episode is audio-only, and I interview an ag lawyer or other expert about a specific… Read More →

September 8, 2023 Weekly Round Up

Posted on by

We’re back again with another rundown of some of the key ag law issues in the news this week. *There is a new I-9 form that must be used starting November 1, 2023.  The US Citizenship and Immigration Services released a new I-9 form on August 1.  For now, employers may use either the new form or the current form, but as of November 1, all employers must use the new form. You can find the new form here.  A summary of the changes may be found here…. Read More →

EPA Releases Revised WOTUS Definition

Posted on by

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 →

Who Owns Produced Water from Oil and Gas Operations in Texas?

Posted on by

Update:  The Texas Supreme Court has granted the Petition for Review with oral argument set for March 18, 2025. The El Paso Court of Appeals recently issued an opinion in Cactus Water Services, LLC v. COG Operating, LLC answering the question of who owns produced water resulting from oil and gas production in Texas. [Read Opinion here.] Produced Water Basics This case involves a question of the ownership of produced water. As explained in more detail below, this is water, along with a number of other substances, that travels… Read More →