Federal Court Vacates and Remands Listing of Lesser Prairie Chicken Under Endangered Species Act

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The United States District Court for the Western District of Texas issued an order last week vacating the United States Fish and Wildlife Service (“FWS”) listing of the lesser prairie-chicken under the Endangered Species Act.    Factual Background   The lesser prairie-chicken is a bird historically found in parts of Colorado, Kansas, Oklahoma, Texas, and New Mexico. The bird has faced both habitat loss and population decline since the 1960’s, and has found itself the subject of proposed Endangered Species Act protections.  In 2014, FWS listed the lesser prairie-chicken… Read More →

August 15, 2025 Weekly Round Up

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It has been a big few weeks on the agricultural law front!  We’ve got updates on several cases we’ve been following and news on new lawsuits around the country. * Federal court vacates listing of lesser prairie-chicken.  The US District Court for the Western District of Texas had vacated the Endangered Species Act listing of the lesser prairie chicken.  I will have a full blog post explaining the ruling in detail on Monday.  [Read article here.] * Federal court upholds emissions reporting exception for farms.  The United States… Read More →

Off to College? Don’t Forget The Legal Documents Every Adult Needs!

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Back-to-school season is here, and I have several friends sending kids off to college for the first time.  (Shoutout to Addie at Oklahoma State, Hudson, McKinley, and Katie at Texas Tech, and Layni at Yale!)  Certainly, the college prep checklist is full of various items to purchase and consider.  Many college students and parents overlook one key item: Having legal documents in place. Every legal adult (meaning, anyone over the age of 18 years old) should have the following legal documents in place:  Power of attorney, medical power… Read More →

Ag Law in the Field Podcast: Episodes 191-200

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If you are interested in agricultural law, be sure you are subscribed and tuning in to my Ag Law in the Field Podcast!  Each episode, I chat with some of the best ag lawyers around the country on topics that are important to ag producers and rural landowners.  We’re on all your favorite podcast apps or you can listen on our website. 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… Read More →

August 1, 2025 Weekly Round Up

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It is hard to believe we have made it to August!  Here is the rundown of some of the ag law stories in the news! EPA proposes approval of three over-the-top dicamba labels.  The EPA published a proposed re-registration of three over-the-top dicamba products for use in cotton and soybeans.  The products are: Engenia, Tavium, and KHNP0090 (formerly Xtendimax).  The proposed registrations will contain a number of additional restrictions, including a prohibition on aerial application, a 240-foot buffer, and additional mitigation steps.  Currently, public comment is open through… Read More →

“An Examination of the Implications of Proposition 12” – My Experience Testifying Before the House Ag Committee

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Last week, I had the honor of being a witness at a hearing of the House Committee on Agriculture in Washington, DC looking at the implications of Proposition 12. It was a really great experience, and I am so grateful to Ranking Member, Angie Craig, for the invitation to participate in the hearing.  I also want to thank the many friends and colleagues who helped me prepare for my testimony.  As I noted in my testimony, this is an important issue for producers and agribusinesses across the country. … Read More →

Preparing Farmers & Ranchers for the Evolution of Carbon Markets – Resources

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Dr. Jordan Shockley, Casey Matzke, and I have been working hard to develop a library of carbon-related resources through grant funding from the Southern Extension Risk Management Education Center. In particular, our publications focus on what changes we are seeing in carbon markets, and what producers and landowners need to know going forward.  Whether you are someone who has already entered into a soil carbon contract, or someone who aims to stay far away from them, this information will be helpful in understanding the current situation regarding carbon… Read More →

Recent Interviews & Articles

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I’ve been able to give a number of interviews recently on a whole host of ag law-related topics.  We’ve covered some really important issues like getting documents in writing, succession planning, and mental health.  I thought it might be fun to share a few of those interviews today. Beyond the Handshake: 6 Legal Documents that Matter I enjoy any chance to chat with Shelley Huguley at Southwest Farm Press.  We caught up earlier this year at the Plains Cotton Growers Annual Meeting where we talked about my presentation. … Read More →

July 3, 2025 Weekly Round Up

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Happy Independence Day to all!  We hope you all have an enjoyable holiday. We’re here to recap some of the biggest ag law stories in the news over the past few weeks.  Let’s get started! * Texas Supreme Court decides Cactus Water Services v. COG Operating.  The biggest news in Texas has to be the Court’s decision regarding produced water.  This case asked the question of whether produced water–water that is extracted with oil and gas production–belongs to the surface owner or the mineral lessee. The Court held that… Read More →

Texas Supreme Court: Produced Water Conveys to Mineral Lessee

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The Texas Supreme Court ruled last week in Cactus Water Services, LLC v. COG Operating, LLC. [Read Opinion here.]  This opinion is extremely important for all Texas landowners as it was the first time the Supreme Court weighed in on who owns produced water in Texas. Background This case involves 37,000 acres of land in Reeves County. Mineral Leases and Production COG Operating acquired four mineral leases from two surface owners for the land.  The leases granted COG the right to explore, produce, and keep “oil and gas” or… Read More →