Monthly Archives: December 2018

2018 Ag Law Year in Review

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Well, it’s been quite a year for agricultural law!  Looking back, it has been interesting to see the variety of legal issues that have come up in the last 365 days.  From a major class action settlement by Syngenta to new electronic logging device rules to nuisance litigation in North Carolina, there are numerous issues of which agricultural producers should be aware. If you want to hear more about these topics, Paul Goeringer and I did a Year in Review joint podcast.  You can listen here.  {Since we… Read More →

December 14, 2018 Weekly Round Up

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I didn’t think it was possible, but this may have been the busiest week for ag law news of the entire year!  Here are some of the major stories making headlines this week. * Congress passes Farm Bill, now on President Trump’s desk.  Congress has passed a new Farm Bill.  The bill was approved by the Senate on Tuesday and was passed by a landslide–the most votes ever in favor of a Farm Bill–in the House on Wednesday.  The bill is now on President Trump’s desk, and it is… Read More →

Ag Law in the Field Podcast – 2018 ABA Web 100 Honoree

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We are thrilled to announce that our Ag Law in the Field Podcast has been named to the Web 100 list of the best online legal resources by the American Bar Association.  Only 20 podcasts were selected, so we are very honored and excited to be included. To read more about this recognition and the Podcast, click here. Listening to the Ag Law in the Field Podcast is easy!  You can do so online by simply clicking this link.  Once you’re on the Podcast page, you can just select… Read More →

Clean Water Act Application to Groundwater: Keeping Score

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**UPDATE:  In February 2019, the United States Supreme Court granted certiorari in the Hawaii Wildlife Fund v. County of Maui case.** A major issue with regard to the scope of the Clean Water Act is popping up in courtrooms across the United States.  Are point source discharges into groundwater, that eventually reach a “water of the United States”, within the scope of the Clean Water Act’s jurisdiction?  This issue is growing and has been decided differently by courts across the country.  The legal question is teed up and could… Read More →

December 7, 2018 Weekly Round Up

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This week, I spoke at my last event for 2018, the Swisher County Ag Day in Tulia.  I want to thank all of you who have come to my programs this year–having the opportunity to speak with you is something I do not take for granted.  To see where I’m headed in 2019,  click here. Here are some of the ag law stories in the news this week. *Second judge finds EPA’s postponement of the 2015 WOTUS rule violates Administrative Procedures Act.  Recall that the Environmental Protection Agency… Read More →

Unanimous Supreme Court: “Critical Habitat” Under Endangered Species Act Must Be Habitat

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The United States Supreme Court issued a decision last week in Weyerhaeuser Co. v. USFWS, addressing whether the Endangered Species Act allows for the government to designate an area to be “critical habitat” when it is not currently suitable for the particular species to reside.  [Read Opinion here.] Factual Background In 2001, the dusky gopher frog was listed as endangered by the US Fish and Wildlife Service (USFWS).  This frog historically had been found along the coast of Alabama, Louisiana, and Mississippi in the forested areas.  However, at the… Read More →