Texas Agriculture Law
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 →
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 →
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 →
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 to the wellbore in the fracing process. To offer a bit of perspective on the scope of this issue,… Read More →
Happy Friday! Once again, we’ve had a number of ag law issues in the news the past couple of weeks. * Bipartisan group of lawmakers ask House Agriculture Committee Chairman not to include EATS Act in the next Farm Bill. A letter signed by more than 170 lawmakers asks House Ag Committee Chair Glenn “GT” Thompson not to include the EATS Act in a new farm bill. The Ending Agricultural Trade Suppression Act was proposed after the Supreme Court upheld California’s Proposition 12 and would prohibit such measures in… Read More →
In September, we will be hitting the road to host our final live Ranchers Leasing Workshop, Where’s the Beef Program, and Owning Your Piece of Texas Programs for 2023. Each of these are award-winning programs that focus on offering practical information to rural landowners and agricultural producers. We hope you’ll join us! Ranchers Leasing Workshop Our final Ranchers Leasing Workshop for 2023 will be in Decatur on September 13. This half-day program is focused particularly on grazing and hunting leases. Topics include why leasing land (as a landowner… Read More →
The Texas Legislature recently amended Texas Civil Practice and Remedies Code Section 75.006 to expand liability protections in situations when damages or injuries arise that are out of control of the agricultural landowner or lessee. The statute is titled “Certain Liability Limited in Connection with Livestock or Agricultural Land” and the amendments are found in HB 73. Prior Version Previously, Section 75.006 provided protection to landowners in certain scenarios. First, landowners were not liable for damages arising from an incident caused by livestock due to the act or… Read More →
It has been an unbelievably busy week around here, I bet the same is true for many of you. Welcome to those of you joining from the Texas A&M Beef Cattle Short Course and the Southern Family Farmers and Food Systems Conference. Here are some ag law stories recently in the news. * Podcast episode recapping Texas Legislative Session for agriculture. Yesterday, we released a podcast episode with J. Pete Laney recapping the 88th Texas Legislative Session and the key bills related to agriculture. It’s become a tradition for… Read More →
A California woman recently filed suit against Delta Airlines arguing that its claim to be the first carbon neutral airline is untrue and misleading to consumers. There are a number of important considerations for those involved in agriculture generally and carbon contracts specifically to be gleaned from this case. Note: All information below was obtained from the Plaintiffs’ Complaint. Delta has not yet filed its Answer and there has been no judicial rulings on these allegations. Background Delta is one of the major commercial airlines in the United… Read More →
In what is a truly unusual turn of events, the Waco Court of Appeals recently issued a new opinion in an adverse possession case, Parker v. Weber. What makes this unusual is that the court issued its initial opinion in May 2018 and now–five years later–issued an opinion reaching an opposite result. Do note that this case does have a Petition for Review currently pending before the Texas Supreme Court. Background This lawsuit involves neighbors, Glenn Weber and Jay and Lindsey Parker, and a dispute over ownership of 20.62… Read More →
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