Monthly Archives: February 2017

Round 2 in Hawkes v. Corps of Engineers Goes to Landowners

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The litigation continues for the parties involved in Hawkes v. US Army Corps of Engineers.  This Clean Water Act case made its way to the United States Supreme Court last year, where the Court held that a landowner has the right to challenge an approved jurisdictional determination by the government that his or her property was a “water of the United States,” and therefore, subject to the Clean Water Act.  [Read prior blog post explaining that decision here.] After that decision, the case was sent back to the trial… Read More →

February 17, 2017 Weekly Round Up

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It’s been a busy week!  On Wednesday I spoke at the High Plains Irrigation Conference in Amarillo, and today I am in San Marcos to speak at the Texas Wine Grape Growers Association meeting.  (Tough gig, I know!)  To those of you joining from these meetings, welcome! Here are some of the ag law stories in the news.  As you will see, it was a busy week for supreme court water litigation between states. * Special Master Issues Report Recommending Denial of Motion to Dismiss in TX v…. Read More →

Syngenta Corn Class Action Litigation Update

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Disclaimer:  Neither the author, nor Texas A&M Agrilife Extension take any position on the likelihood of success of any of the claims asserted against Syngenta or on whether producers should remain in the class action lawsuit opt out.  This blog post is for informational purposes only. We have previously discussed the pending lawsuits filed by corn producers against Syngenta related to Viptera and Duracade corn seed.  There are been numerous developments in the case over the last several months, so I thought an update might be helpful. Background In… Read More →

February 10, 2017 Weekly Round Up

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This week I traveled to Plainview for the Hale/Swisher County Crops Conference.  Welcome to those of you joining from that presentation.  Here are some of the ag law stories in the news this week. * New I-9 Form required to be used by employers.  The Department of Labor has updated the I-9 Form.  No major modifications were made, but employers should be aware of and utilize the new form as of January 22, 2017.  For more background on the I-9 requirements, click here to read a fact sheet… Read More →

Iowa Supreme Court Issues Ruling in Des Moines Water Works Case

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Last week, the Iowa Supreme Court issued a decision in a case concerning drainage from farmland upstream that allegedly increased nitrates in the Raccoon River beyond the acceptable drinking water level, causing the water supplier to incur costs of treatment.  In answering four state law questions certified to it, the Iowa Supreme Court sided with the drainage districts.  [Read full opinion here.] Background The Board of Water Works Trustees for the City of Des Moines Iowa (aka Des Moines Water Works and “DMWW”) is a municipal waterworks that… Read More →

February 3, 2017 Weekly Round Up

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I’m not quite sure how we are already a month into 2017, but here we are.  In the last couple of weeks I have traveled to speak at Extension meetings in Dumas and Lubbock.  Welcome to those of you joining from those meetings! Here are some of the ag law stories in the news. *10 Texas oil and gas cases to watch.  Chris Halgren compiled a list of 10 Texas Supreme Court cases dealing with oil and gas law worth watching in 2017.  His post provides a short… Read More →