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 →

Most Popular Blog Posts & Podcast Episodes of 2023

Every year, it is fun to look back and see which blog posts and podcast episodes were the most popular. Top 5 Texas Agriculture Law Posts This blog turned 10 years old in June of 2023, and it remains one of my favorite projects.  I love the chance to write about legal issues, cases, and news that impact rural landowners and agricultural producers.  Thank you all for reading! Here are the most read blog posts of 2023: Neighbor-to-Neighbor Farm Sale Leads to Lawsuits.  This blog post from June… Read More →

Merry Christmas and Happy New Year!

2023 Ag Law Year in Review – Texas

Last week, we discussed what a busy year it had been nationally for agricultural law.  To learn more, read here or listen here. This week, we are shifting our focus closer to home and looking at the biggest agricultural law issues in Texas this year. Ownership of Produced Water  The question of who owns produced water in Texas is extremely important and will have major implications for landowners and oil and gas operators across the state.  At issue is ownership of “produced water,” the water that comes out… Read More →

December 15, 2023 Weekly Round Up

Here we are with our final Weekly Round Up of the year.  Thank you so much for reading! *Defendants file counterclaims in show goat lawsuit.  One of our most popular posts of the year was discussing a lawsuit involving a show goat in California.  [Read post here.]  Recently, two defendants have filed a countersuit against the goat owners.  [Read Answer & Counterclaim here.  Specifically, the CEO and the Superintendent of the livestock show filed five counter claims.  Essentially, they allege that Jessica (the mother of the goat exhibitor)… Read More →

Renew Your Ag Timber Number Now!

Texas producers who have a valid agricultural and timber registration number for sales tax exemptions must renew those numbers by December 31, 2023. Texas farmers, ranchers, and timber producers are exempt from paying sales taxes on products used in the course of their agricultural or timber production. Qualifying activities include farming, ranching, fiber production, timber production (including contract logging), operating feedlots or fish farms, bee keeping, custom harvesting, crop dusting, growing plants for commercial nurseries, veterinary businesses making farm or ranch calls, FFA or 4-H projects, and those… Read More →

2023 Ag Law Year in Review – National

I am always amazed when I sit down and look at all of the agricultural law news over the last year.  2023 was no exception, and there was no shortage of news in the ag law realm.  If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →

December 8, 2023 Weekly Round Up

We’ve made it to December!  While many people are slowing down as we head into the holidays, agricultural law is not!  Here are a few stories recently in the news. *US Supreme Court will hear Texas property owners’ takings claims against DOT.  The US Supreme Court has granted the Petition for Certiorari in Devillier v. State of Texas, a case involving a lawsuit by property owners to cover flood damages they claim were caused by a DOT highway project.  [Read Petition here.] *Second marriages and farm transition planning publication… Read More →

Court Sides with Landowner in Fence Law Case Following Collision on Highway

The First Court of Appeals in Houston recently issued an interesting opinion in Arraby Properties, LLC, v. Brown, a case where a driver collided with a cow on a state highway.  [Read Opinion here.]  The case highlights several important points related to fence law and also includes a dissenting opinion that is likely concerning to both landowners and livestock owners alike. Background Paul Brown was driving home from work when he hit a cow on State Highway 225 in Harris County, Texas.  He was diagnosed with mild cognitive… Read More →

US Court of Appeals Upholds Texas Drone Privacy Law

The United States Court of Appeals for the Fifth Circuit recently issued an opinion in National Press Photographers Association v. McCraw, a lawsuit challenging the constitutionality of Texas’ drone privacy law.  [Read Opinion here.] Statutory Background In 2013, the Texas Legislature passed the Texas Privacy Act, Chapter 423 of the Texas Government Code (“Chapter 423”).  The purpose of this statute was to regulate the use of drones in Texas airspace.  [To read full summary of the law, click here.]  Essentially, Chapter 423 can be divided into two sections:  the Surveillance… Read More →