New Fact Sheet: On-Site Brush Pile Burning in Texas

There are a number of considerations that a person should undertake when preparing to burn brush piles in Texas.  From reviewing and understanding applicable Texas Commission on Environmental Quality regulations, to investigating any local outdoor burning rules and regulations, to evaluating the weather forecast, to preparing a safe area to burn, there is a long list of action items prior to lighting the brush piles on fire. I recently co-authored a fact sheet on this topic with Dr. Morgan Treadwell, Extension Range Specialist in San Angelo and Chase… Read More →

USDA Releases Final Rule for the Domestic Production of Hemp

On January 15, 2021, the USDA released the Final Rule for the Domestic Production of Hemp (“Final Rule”). [Read Final Rule here.]  Importantly, this rule does not go into effect until March 22, 2021.  The Biden administration has announced that it will review a number of rules that have been published in the Federal Register, but have not yet gone into effect, including in the Final Rule.   Therefore, this blog post summarizes the Final Rule as it was published in the Federal Register by the Trump Administration. You… Read More →

January 29, 2021 Weekly Round Up

Happy Friday!  It’s been a busy week here as I have been working with several of my colleagues in the Texas A&M Agricultural Economics Department on a series of educational videos on the legal and economic issues related to hemp production. If this is a topic of interest to you, be sure you subscribe to this blog as we will be releasing our videos and written materials within the next month! Here are some of the ag law stories in the news over the past couple of weeks…. Read More →

Case Addresses Solar Lease, Mineral Owner, and the Accommodation Doctrine

The El Paso Court of Appeals addressed an interesting and important issue recently in Lyle v. Midway Solar.  How does Texas law apply when there is a potential conflict between the operation of a large scale solar facility and the ability of the mineral owner to extract oil or gas? Background This dispute involves a 315-acre tract of land in Pecos County. The Lyles own 27.5% of the mineral rights to this land by virtue of a 1948 deed.  There is no current mineral lease on the property, and the… Read More →

Fence Law Webinar and Interview

Fence law is one of my favorite topics.  If you own or lease land, this is likely a topic that interests you as well!  I’ve recently had a couple of opportunities to chat about fence law and I wanted to share those with you. First, I was invited to present on Texas Fence Law for the TAMU AgriLife Extension Range Webinar Series.  This presentation focuses specifically on fence law in the Lone Star State.  To watch, click here. Second, I was a guest on my friend Cari Rincker’s… Read More →

January 15, 2021 Weekly Round Up

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

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

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

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

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 →