Monthly Archives: March 2018

March 30, 2018 Weekly Round Up

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Hello and Happy Easter weekend to you!  This week I made my way to Lubbock to speak at the Ogallala Aquifer Project meeting to discuss Texas groundwater law.  Then, despite major technological issues, I was able to speak at Upton County Ag Day.  Welcome to those of you who have joined us from those meetings! Here are a couple of the ag law stories in the news this week. * A number of ag provisions included in Omnibus Spending Bill.  Be sure you caught my blog post on Monday outlining… Read More →

How the Omnibus Spending Bill Impacts Agriculture

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Last week, Congress passed and President Trump signed the $1.3 trillion omnibus spending bill, formally called the Consolidated Appropriations Act, 2018. [View full text here.] What you might not have realized is that there are a number of provisions included within that bill that will significantly impact agriculture. “Grain Glitch” Fix. When Congress passed the Tax Cuts and Jobs Act bill back in December, there were provisions giving additional advantages in form of deductions to producers who sold grain to cooperatives that did not exist for farmers selling… Read More →

Does the Clean Water Act Apply to Groundwater?

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If a person discharges a pollutant from a point source into groundwater, and that pollutant then reaches a “Water of the United States” as defined under the Clean Water Act, is a discharge permit required?  Two recent court cases have reached different results on this issue and now the Environmental Protection Agency is seeking public comment on this question. Background The Clean Water Act Section 402 requires a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of “pollutants” from “point sources” into “navigable waters.”  Each of… Read More →

March 16, 2018 Weekly Round Up

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It’s been a busy week for me and for agricultural law!  On Wednesday I spoke in Albany, Texas at a program hosted by the Leon Bosque RC&D and on Thursday evening I was in Brownwood to speak at the Brown County Ag Day.  Welcome to those of you joining from those events. Here are some of the ag law stories in the news this week. * FMCSA Extends Agricultural Exemption to New Hauling Regulations Another 90 Days.  The Federal Motor Carrier Safety Administration (FMCSA) announced that it will… Read More →

Unanimous US Supreme Court: United States Can Participate as Party in Texas v. New Mexico

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The United States will be allowed to participate as a party in the Texas v. New Mexico lawsuit before the United Stated Supreme Court, wrote Justice Gorsuch last week on behalf of a unanimous bench. Background We’ve been following Texas v. New Mexico for years.  To read a more detailed explanation of the merits of the lawsuit, click here. There are multiple agreements at issue in this litigation. First, what we will refer to as “the Treaty.”  In 1906, the United States entered into a treaty with Mexico, requiring the… Read More →

March 9, 2018 Weekly Round Up

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Happy Friday!  This week I had the chance to visit with the Dallas Ag Club for their monthly meeting on Monday.  On Tuesday, I moderated an immigration law panel at the High Plains Dairy Conference.  Welcome to those of you joining from those events! Here are some of the ag law stories in the news this week. *US Supreme Court Allows US to Intervene in Texas v. New Mexico lawsuit. I’ll have a full blog post on this decision Monday, but those of you who are interested can… Read More →

Do Landowners Have Right to Protest Proposed Water Project?

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UPDATE:  8/29/18 — Austin Court of Appeals has reversed the trial court decision and dismissed the case.  The court did not reach the merits of the case–meaning the opinion did not discuss whether the landowners should have been granted party status, but instead focused solely on whether the trial court had subject matter jurisdiction.  Finding it did not, the case was dismissed.  [Read opinion here.]   An interesting legal question has arisen in Bastrop County recently that could have impacts on groundwater law and landowner rights across Texas…. Read More →

March 2, 2018 Weekly Round Up

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Phew!  It has been a heck of a week!  On Monday, I was in Cat Spring for our Ranchers Leasing Workshop.  We had a great turnout of 95 folks!  On Tuesday, I was in Waco speaking to the Master Marketer course.  Wednesday brought me back to the Panhandle to speak at the 4th Annual Biennial Water Conservation Symposium.  Welcome to all of you joining from these events. *”FARM” Act introduced in US Senate would exempt agriculture from air emissions reporting.  The Fair Agricultural Reporting Method (FARM) Act, a… Read More →