February is coming in hot on the agricultural law front!  We have a number of updates on important issues from around the country.

Image by Mike from Pixabay

*Oral argument set at SCOTUS for Texas v. New Mexico. The United States Supreme Court will hear arguments in Texas v. New Mexico, a water law case involving the Rio Grande on March 20.  You may recall from prior blog posts that Texas sued New Mexico claiming New Mexico failed to honor the spirit of a 1938 compact providing for certain deliveries of water on the Rio Grande.  The United States intervened as a party.  Now, Texas and New Mexico have agreed to a settlement in the case, but the United States has objected.  A number of other states and a contingent of water law professors have filed amicus briefs supporting Texas and New Mexico’s right to settle without approval from the US.  [Read article here.]  It is this issue that the Supreme Court will consider on March 20.

*Railroad Commission worked to contain oil field leak near Fort Stockton.  In December, the Texas Railroad Commission received word of a massive brine water leak at an oilfield site in Crane County.   The Railroad Commission documents indicate that agency staff noted, at one point, water was being related at a rate of 330 barrels/hour. The Railroad Commission brought in vacuum trucks to transport water away and dug pits to catch flowing water. [Read article here.]  According to the Houston Chronicle this week, the Railroad Commission has plugged the well. Interestingly, the Railroad Commission also obtained a no-fly restriction from the FAA when the leak was discovered.  The Commission sought the no fly zone for a “gas leak,” but now say it was to prevent drone flyovers for safety concerns.  Critics claim it was to prevent anyone from obtaining photographs or other footage of the situation.  [Read article here.]

*Article on royalty fraction cases.  John McFarland recently published a great article looking at two cases on royalty fractions in Texas.  You may remember this blog post on VanDyke v. The Navigator Group when 1/2 of 1/8 does not equal 1/16 from last year.  John looks at two subsequent cases seeking to apply the rule set forth in the VanDyke case. [Read article here.]

*Agricultural groups sue California over climate disclosure law.  A number of groups, including the American Farm Bureau Federation, have filed suit in California federal court challenging the State’s climate disclosure law. You may recall that last year, California passed SB 253, which requires large businesses (total annual revenues over $1 billion) to report all emissions–scope 1, 2, and 3–beginning in 2026. This applies to all large businesses, public or private, doing business in California, regardless of where they are headquartered. The Plaintiffs claim the law goes too far as it applies to companies headquartered outside of California (Remind anyone of Proposition 12?) and that it violates the First Amendment by requiring companies to comment on the “politically fraught” topic of climate change.  [Read article here and Complaint here.]

*Delta files Motion to Dismiss in carbon credit case. Speaking of lawsuits related to emissions, you may recall a prior blog post discussing the putative class action lawsuit in California where a customer says Delta’s claims of carbon neutrality were misleading.  Delta has filed a Motion to Dismiss the lawsuit.  [Read Motion here.]  Specifically, Delta claims that the claims are preempted by federal law, the plaintiff is not entitled to equitable relief because she failed to allege there was an inadequate remedy at law, certain of her statutory claims are not supported by factual allegations in the Complaint, and she lacks standing to seek future injunctive relief.

*Five questions about EPA’s Draft Herbicide Strategy.  Progressive Farmer published an interesting article posing five questions about the EPA’s Draft Herbicide Strategy that was released last summer. The Draft is an attempt by the EPA to be in compliance with the Endangered Species Act while working through herbicide approvals and labeling.  Industry experts say that big questions remain.  [Read article here.]

Upcoming Programs

Don’t forget that our first live Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know program will be on February 20 in Tyler.  We’d love for you to join us!  For more information click here.  To register, click here.

To see my complete list of upcoming programs for 2024, click here.