Category Archives: Solar

2021 Year in Review – Texas

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2021 was another big year in the agricultural law world here in Texas.  From key legal decisions to new laws passed during the legislative session, there was no shortage of information to discuss in this year in review.  As you will see, many of the key updates involve actions taken by the Texas Legislature.  To read in more detail about the key bills for agriculture this session, click here to read a blog post and here to listen to a podcast episode with J Pete Laney. Texas Farm… Read More →

July 30, 2021 Weekly Round Up

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Happy Friday!  On Tuesday, I commented to a couple of friends it had been a quite couple of weeks on the agricultural law front.  Apparently, that opened the flood gates and we’ve got a full slate of news for today’s Weekly Round Up! * United States Court of Appeals for the Ninth Circuit upholds ruling in Montana beef checkoff case.  The Ninth Circuit has upheld the decision of the District of Montana upholding the Montana Beef Checkoff.  Specifically, the court found that because of the MOUs between the… Read More →

Case Addresses Solar Lease, Mineral Owner, and the Accommodation Doctrine

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The El Paso Court of Appeals addressed an interesting and important issue recently in Lyle v. Midway Solar.  How does Texas law apply when there is a potential conflict between the operation of a large scale solar facility and the ability of the mineral owner to extract oil or gas? Background This dispute involves a 315-acre tract of land in Pecos County. The Lyles own 27.5% of the mineral rights to this land by virtue of a 1948 deed.  There is no current mineral lease on the property, and the… Read More →

October 23, 2020 Weekly Round Up

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Happy Friday!  Here are some of the agricultural law stories in the news over the past couple of weeks. *Solar sheep?  NPR recently ran an article looking at the potential use of sheep in conjunction with solar farms.  In the Northeast, there have been farmers who contract with solar farms to graze their sheep under the panels.  Not all companies will consider this, but it might be an option to discuss if you are looking at signing a solar lease or have animals and are seeking grazing land. … Read More →

Ferrell Publishes “Understanding Solar Energy Agreements”

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Many landowners in Texas and around the country are being approached by solar energy developers seeking to lease land to build solar projects. Recently, my friend and counterpart at Oklahoma State University, Shannon Ferrell, published a great guide looking at the law related to solar lease agreements through the National Agricultural Law Center.  Shannon is without question the national expert on renewable energy leases, so anyone considering a solar lease agreement should review Shannon’s guide. To download a copy, click here. Additionally,  if you want to listen to… Read More →

March 22, 2019 Weekly Round Up

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We’ve reached the end of another week.  Happy Friday!  Welcome to those of you that are new readers and subscribers to the Texas Agriculture Law Blog. A quick reminder about our upcoming Ranchers Leasing Workshop events in Nacogdoches, Burnet, and Perryton.  These are great programs for anyone involved in an agricultural lease–grazing, haying, farming, hunting, livestock–as either a tenant or a landowner.  Registration is easy and can be done by clicking here or by calling Valerie at (979)845-2604.  For more information and to see our complete list of… Read More →

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 →

November 17, 2017 Weekly Round Up

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We’ve made it to another Friday!  I want to welcome those of you who attended the Five States Beef Conference in Perryton, Texas last week and are joining us from that presentation. Here are some of the ag law stories in the news this week. *Deadline to begin reporting agricultural emissions extended by EPA awaiting court mandate.  You may remember from this prior blog post that in April, a federal court held that federal regulations exempting agricultural operations from reporting emissions of hazardous substances under two federal environmental… Read More →

October 7, 2016 Weekly Round Up

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Happy October!  Here are some of the ag law stories in the news this week. * Supreme Court to consider landmark groundwater dispute between Mississippi and Tennessee.  A groundwater dispute in which Mississippi claims that Tennessee is over-pumping an aquifer that lays beneath both states will be considered by the United States Supreme Court.  [Read article here.] *Lots to think about before entering into a solar lease agreement.  The Texas Observer published an article this week discussing a number of considerations that landowners need to keep in mind when approached… Read More →

Extension Fact Sheet: Solar Lease Considerations

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Many Texas landowners have recently been contacted by solar companies about potentially leasing their farm or ranchland for a solar energy project. I recently published a Fact Sheet outlining just a few considerations that landowners need to be aware of when approached by a solar company.  As always, I highly recommend consulting with an attorney who has experience negotiating solar lease agreements to protect your rights and your land before signing any lease agreement.  To download the fact sheet, click here. Additionally, if you missed the solar leasing… Read More →