January 15, 2021 Weekly Round Up

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Happy 2021, friends!  We hope you all had a happy, healthy holiday and we are excited to be back for our first Weekly Round Up of the year.  Here are some of the major agricultural law stories in the news over the past couple of weeks. * Lawsuit filed seeking to overturn recent dicamba registration.  On December 22, several environmental groups filed suit against the US Environmental Protection Agency challenging the recent approval of the use of over-the-top dicamba products through 2025. Specifically, the lawsuit claims that the… Read More →

Annual Holiday “Waters of the United States” Update

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This article was co-authored with Shannon Ferrell at Oklahoma State University.    As readers have likely come to expect, holiday traditions include twinkle lights, tasty cookies, and another update on WOTUS from the agricultural lawyers.  It really is the gift that keeps on giving us content for this annual article. The federal Clean Water Act prohibits discharges of pollutants to “waters of the United States” but when Congress passed the act in 1970, it failed to define the term.  The past 50 years have left landowners, developers, policy… Read More →

Top Blog Posts & Podcast Episodes of 2020

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To start off 2021, I thought it would be fun to look back at the most popular blog posts and podcast episodes from the past year. I want to thank all of you for reading this blog and supporting my program.  I really enjoy the work I get to do, and I always appreciate your kind words about how the information we put out have been helpful to you and your family. I’m looking forward to continuing the blog and podcast in 2021!  I hope you will continue… Read More →

2020 Agricultural Law Year in Review – Texas

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If you missed our National Year in Review post, click here.  I am not sure I can remember a year with more agricultural law-related opinions being issued by Texas appellate courts. From fence law to eminent domain, hemp to liability, here are some of the biggest legal stories of 2020 from the Lone Star State.   Dicamba Registration Vacated, New Registration Issued, Lawsuit Filed Although this is a national issue, and we addressed it in more detail on our National Year in Review post, because it had such… Read More →

US Supreme Court Dismisses Texas Petition for Review in Pecos River Dispute

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In December, the US Supreme Court issued an opinion in Texas v. New Mexico, a water law dispute involving the Pecos River. The Compact  The Pecos river runs from the Sangre de Cristo Mountains near Santa Fe, New Mexico through New Mexico and Texas and eventually into the Rio Grande River at the Texas-Mexico border near Del Rio, Texas.  In 1949, Texas and New Mexico signed the Pecos River Compact, and Congress ratified the Compact.  The Compact provides for the “equitable division and apportionment of the use of… Read More →

December 18, 2020 Weekly Round Up

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Hello and welcome to our final Weekly Round Up post of 2020.  I appreciate all of your support for this blog and my program and look forward to providing new and interesting content in 2021! Here are a few of the ag law stories in the past couple of weeks. *US Supreme Court dismissed TX lawsuit against NM over Pecos River.  On Monday, I’ll have a full blog post on this case, so be sure you’re subscribed so you don’t miss it.  Essentially, TX sued NM over a… Read More →

2020 Agricultural Law Year in Review – National

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Happy Holidays!  I love doing these year in reviews and look forward to writing them every year.  There was certainly no shortage of ag law news in 2020.  Here is a look at some of the biggest ag law stories from the last 365 days.  On Thursday, Paul Goeringer and I will release a joint podcast recapping some of these issues as well. Dicamba Controversy and Litigation For cotton and soybean farmers, dicamba certainly has to the biggest issue of 2020.  To hear more, listen to this podcast… Read More →

Appellate Court Affirms Liability in North Carolina Nuisance Case; Smithfield Announces Settlement

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The United States Court of Appeals for the Fourth Circuit issued a decision recently in McKiver v. Murphy-Brown, LLC, one of the numerous nuisance lawsuits filed in North Carolina involving neighbors claiming nearby hog farms constituted a nuisance.  Shortly thereafter, the defendants announced a settlement had been reached in all of the pending North Carolina hog farm nuisance cases against Murphy-Brown, LLC. If this is a topic of interest, you’ll want to check out our Ag Law in the Field Podcast.  North Carolina Farm Bureau’s Jake Parker has been… Read More →

December 4, 2020 Weekly Round Up

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Happy December! Here are a few of the biggest ag law stories in the news over the past couple of weeks. *Dairy farmers receiving letters seeking repayment of funds from Dean Foods.  Many dairy farmers who sold milk to Dean Foods prior to its bankruptcy filing  have been receiving letters recently from ASK, LLC.  Essentially, these letters note that the recipient received some payment from Dean Foods within the 90-days prior to its bankruptcy filing.  After visiting with an ag bankruptcy attorney who has reviewed the letters, he… Read More →

Case Addressing Open Space Valuation of Property with Cattle Grazing & Quarry Activity

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A recent case from the Ft. Worth Court of Appeals, Hood County Appraisal District v. Mandy Ann Management Ltd., discusses whether property used for grazing cattle on which a quarry is present qualifies for open space tax valuation. Background Mandy Ann Management Ltd. (“Mandy”) owns 679 acres in Hood County.  The property was purchased by Mandy’s owner, Michael Arnold, in 2006 and he transferred the ownership to Mandy in 2016.  The property is shaped like an upside down L.    Mandy’s property is surrounded to the north and west by… Read More →