March 4, 2022 Weekly Round Up

Happy Friday!  There have been a number of agricultural law stories in the news over the past couple of weeks.

*Texas Supreme Court hears oral arguments in Hlavinka v. HSC Pipeline Partnership.  The Texas Supreme Court recently heard oral arguments in an important eminent domain case analyzing what a pipeline must show in order to claim common carrier status and the ability of a landowner to testify regarding other pipeline easement values.  To read my summary of the court of appeals’ decision being reviewed by the Supreme Court, click here.  To listen to the oral arguments, click here.

*Settlement discussions delay second phase of Texas v. New Mexico water law trial.  Special Master Michael Malloy postponed the second phase of trial in Texas v. New Mexico, a water law case involving the Rio Grande.  The parties were supposed to report back to the Special Master regarding settlement discussions by March 1.  If no settlement is reached, the trial will be held in the late summer or fall.  [Read article here.]  To read about the case generally, click here.  To listen to a podcast episode discussing this case, click here.

Image by David Mark from Pixabay

*EPA chlorpyrifos tolerance rule goes into effect, lawsuit pending.  On February 28, the EPA’s rule revoking food tolerance for the insecticide chlorpyrifos went into effect.  This effectively bans the use of the insecticide in the United States for any crops intended for use as food or feed.  A lawsuit filed by a number of ag industry groups challenging the rule is pending in federal court.  [Read article here.]

*Monsanto argues appeal in $75 million peach farm case.  The US Court of Appeals for the Eighth Circuit heard argument in Monsanto’s appeal from a $75 million jury verdict related to dicamba drift that damaged Bader Farms, a Missouri peach farm.  [Read article here.]

*Successful Farming article on Ukraine.  Successful Farming published an article with an overview of the current situation in Ukraine, including a detailed discussion of the impact on agriculture.  [Read article here.]

*Article discusses what to do legally when child with special needs turns 18.  For those of you raising children with special needs, it is important to be aware of some of the legal issues that will arise when your child turns 18.  This article gives a basic overview of some of the key documents to consider when that time comes.  [Read article here.]

Upcoming Programs

I’ve got a busy schedule over the next couple of weeks.  On Monday, March 7, I’ll be virtually presenting at a program for Baylor County Extension on landowner liability.  On Tuesday the 8th, I’ll be headed to Texas Tech University School of Law to speak on a Women in the Law panel to celebrate International Women’s Day.  On Wednesday the 9th, I’ll be speaking about estate planning at Master Marketer in Amarillo.  On Thursday the 10th, I’ll be in Stratford for the a 5-States Women in Agriculture Conference.  Then, on Monday the 14th, I will be in Ft. Worth for our Owning Your Piece of Texas program.  We’ve got a few seats left and would love to have you join us!  Click here for registration information.

You can see my full list of upcoming programs here.

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