Texas Supreme Court Rules in Case Involving Implied Easement

The Texas Supreme Court recently ruled in Albert v. Fort Worth & Western Railroad Company, a case addressing legal access to a landlocked tract of land in Johnson County.  This case is a great reminder of the law regarding access to property and the various types of implied easements in Texas law. Background At issue in this case is access to a 10-acre property located in Johnson County, Texas (“the Property”).  It is separated from State Highway 171 by a strip of land owned by the Ft. Worth &… Read More →

Court Vacates Over-The-Top Dicamba Registration; EPA Issues Existing Stocks Order

In a situation reminiscent of 2020, an Arizona federal court has vacated the registration of three over-the-top dicamba products, XtendiMax, Enginia, and Tavium (the Products).  See Center for Biological Diversity v. U.S. Envt’l Agency, No. 4:20-cv-00555 (D. Ariz. Feb. 6, 2024).   The Environmental Protection Agency (EPA) has issued an existing stocks order allowing for some limited uses in specific circumstances for the 2024 growing season. Background Dicamba is a herbicide used to kill broadleaf plants that has been on the market for over 50 years.  Dicamba is… Read More →

February 16, 2024 Weekly Round Up

There has been no shortage of agricultural law news in the last two weeks!  Here are some of the biggest stories from around the country. *Court revokes over-the-top dicamba registration; EPA issues existing stocks order.  In a situation similar to what cotton and soybean growers faced in 2020, a federal court has revoked the FIFRA registration for three dicamba products, XtendiMax, Enginia, and Tavium.  [Read Order here.]  On Wednesday, the EPA issued an existing stocks order which will allow “existing stocks” that were in the United States and… Read More →

Lawsuit Challenges Texas Animal Health Commission Authority over White-Tailed Deer

The Fourteenth Court of Appeals in Houston recently ruled on a case regarding the jurisdiction of the Texas Animal Health Commission and the regulation of white-tailed deer to prevent the spread of chronic wasting disease.  [Read Opinion here.] Background RW Trophy Ranch (“RW”) is a deer breeding ranch in northeast Texas. It consists of a 68-acre deer breeding facility surrounded by a 1,500 acre ranch.  RW was certified under the Texas Animal Health Commission’s Texas Chronic Wasting Disease Herd Certification Program (“Program”).   The goal of the program is… Read More →

February 2, 2024 Weekly Round Up

February is coming in hot on the agricultural law front!  We have a number of updates on important issues from around the country. *Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20.  You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio… Read More →

1,000th Blog Post Giveaways!

We have officially published our 1,000th blog post!  When I started writing the Texas Agriculture Law Blog ten and a half years ago, I never dreamed we would still be going strong with so many posts, readers, and sponsors.   It is one of my very favorite projects I get to do. To celebrate our 1,000th post and to say “thank you” to our readers, we are going to be doing four giveaways! Several of our friends who have helped as speakers at various programs have helped us source… Read More →

US Supreme Court Considers Texas Takings Case

Last week, the United States Supreme Court heard oral argument in Devillier v. Texas, a lawsuit involving rural landowners who claim the State of Texas took their private property by building a highway in a manner that caused flooding on their adjacent lands. [Read article here.] Background A group of Texas farmers, ranchers, and rural landowners filed an inverse condemnation action against the State of Texas claiming that the Texas Department of Transportation’s (DOT) widening of I-10 intentionally caused widespread flooding on their property resulting in a taking for… Read More →

January 19, 2024 Weekly Round Up

It has been a very busy couple of weeks for agricultural law around the country.  Here are some of the biggest stories in the news. *Texas landowners argue takings case at United States Supreme Court.  This week, the United States Supreme Court heard oral argument in Devillier v. Texas.  The lawsuit involves claims by rural landowners who claim Texas’ expansion of I-10 east of Houston resulted in flooding that constitutes a taking of their private property for which they are entitled to just compensation.  At issue in the case… Read More →

Reporting Required for Entities Under Corporate Transparency Act

A new federal reporting requirement for most small business entities will impact a number of farms, ranches, and agricultural businesses who have organized as a business entity such as an LLC, corporation, or limited partnership.  We’ve got the answers to your questions below! Why? The Corporate Transparency Act is a law enacted to prevent money laundering, corrupt financial transactions, and financial terrorism.  As part of that effort, the Act requires the United States Department of Treasury’s Federal Crimes Enforcement Network (FinCEN) to maintain a national database of beneficial… Read More →

January 5, 2024 Weekly Round Up

Hello and Happy New Year!  We’re back with our first Ag Law Weekly Round Up of 2024.  Here are some of the biggest ag law stories in the news over the past few weeks. *State of Texas responds in Tofurkey lawsuit challenging meat labeling law.  You may recall our Thanksgiving blog post highlighted a lawsuit challenging Texas’ new labeling law requiring analogue, plant based, and cell-cultured meat to be labeled in the Lone Star State.  The State of Texas has now filed a Motion to Dismiss in that… Read More →