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 →

New Fact Sheet: Key Legal Considerations for any Carbon-Related Agreement

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We recently published a fact sheet on the key legal considerations producers and landowners should keep in mind before entering into any type of carbon-related agreement. The carbon market is changing and evolving, and it is critical to carefully review, analyze, and understand every term in an agreement.  As with many contracts, the cliche “the devil’s in the details” is often true with carbon-related agreements. This fact sheet walks through ten key issues everyone should consider before signing their name on the dotted line of a carbon agreement. … Read More →

How To Find an Agricultural Lawyer

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“How do I go about finding an agricultural lawyer?” This is a question I am commonly asked by rural landowners and agricultural producers across the country.  While there is no single list or database to turn to, there are a few resources to help.  We have compiled these resources and suggestions in a new fact sheet.  You can download the fact sheet for free here. Also, do keep in mind a couple of key considerations when selecting any attorney.  First, make sure the attorney is licensed in your… Read More →

June 6, 2025 Weekly Round Up

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We’re back with a host of news and information related to agricultural law around the country. * Texas A&M AgriLife hosting webinar on New World Screwworm.  There have been a lot of questions and concerns about the New World Screwworm.  Texas A&M AgriLife Extension will host a free webinar on Monday, June 9 at 10 am CST.  [More info here.]  AgriLife also released a fact sheet on this issue.  [View fact sheet here.] *US Fish and Wildlife Services seeks Voluntary Vacatur in Lesser Prairie Chicken lawsuit.  You may… Read More →

New Resource Available: Landlocked Property Law in Texas Fact Sheet

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We’re excited to announce the release of a new fact sheet designed to help Texas landowners, agricultural producers, and rural residents better understand a common and often confusing issue—landlocked property. Photo by Karli Kaase What Is Landlocked Property? A landlocked property is one that has no legal access to a public road. This situation is more common than many might think, particularly in rural Texas. Whether the result of an old subdivision, a partition among heirs, or the sale of interior tracts, landlocked parcels can raise serious questions… Read More →

Case Illustrates Difficulty of Proving Easement by Necessity

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The Austin Court of Appeals recently issued a decision in #1STR, LLC v. White, a case that illustrates the difficulty landowners face in proving the existence of an easement by necessity.  [Read Opinion here.] Background The White’s owned land in Bastrop County, which they partitioned into 10 tracts, one for each of their 10 children, in 1948.  Once partitioned, the ten tracts were laid out as shown below: Harry White owns Tract No. 7, shaded in the photo above. In 2021, CTX4R bought Tract No. 4 and subdivided it… Read More →

Texas Supreme Court Rules Surface Owner Owns Pore Space Beneath Land Absent Agreement Otherwise

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The Texas Supreme Court issued an important opinion last week in Myers-Woodward, LLC v. Underground Services Markham, LLC.  [Read Opinion here.] This case answers the pressing legal issue of who owns the pore space beneath land in Texas.  Given advances in technology that now enable oil and gas to be stored in such pore space, the answer to this question has real world implications and economic consequences. Background Myers-Woodward, LLC (“Myers”) owns 160 acres in Matagorda County. 1947 Mineral Deed In 1947, prior to Myers owning the property, the… Read More →

May 16, 2025 Weekly Round Up

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It has been a wild few weeks for agricultural law news!  Let’s get caught up on some of the biggest stories. * Live animal imports suspended along Southern border.  On May 11, 2025, United States Secretary of Agriculture, Brooke Rollins, suspended live animal imports of cattle, horses, and bison through US ports of entry along the southern border due to concerns about the spread of New World Screwworm (NWS) in Mexico.  At that time, the NWS had been detected 700 miles from the U.S./Mexico border. [Read press release… Read More →

Federal Court Upholds Constitutionality of Iowa Law Aimed to Prevent Recording While Trespassing

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A federal court in Iowa recently upheld the constitutionality of a statute imposing criminal penalties for defendants who use recording devices while criminally trespassing in People for the Ethical Treatment of Animals v. Reynolds.  [Read Opinion here.]  The statute, while not expressly focused solely on agricultural operations, is an important protection for ag operations in Iowa concerned about activist groups trespassing and conducting secret videotaping or recording.  After a number of attempts to pass “ag gag” laws constitutionally protecting agricultural operations from this type of activity failed in… Read More →

What Is ESG and Why Do Companies Care?

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If you follow business news, you have heard the acronym “ESG” being used more and more frequently.  It stands for “environmental, social, and governance,” three key factors companies use to assess their sustainability and the ethical impact of their operation.  But what exactly do the E, S, and G stand for?  And why do companies care? I recently co-authored a fact sheet  answering these very questions and more.  Click here to review our fact sheet.