Category Archives: Uncategorized

A Shooting Range Controversy in North Carolina

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*This article is not a substitute for the advice of an attorney.* A North Carolina judge will soon decide whether a shooting range is considered “agri-tourism” under state law.  The impact of this decision will determine whether the shooting range is subject to local zoning laws, but could have further impact on what activities are classified as “agri-tourism” under the law. Background Under a series of state statutes, North Carolina allows for “agri-tourism” to occur on farms and ranches throughout the state without obtaining county zoning approval.  The statute, however, did not list… Read More →

January 24, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* It has been a bit of a whirlwind week around here!  On Tuesday evening I was in Glen Rose speaking about water law at the 15th Annual Central Texas Beef Cattle Seminar.  Thursday found me in Vernon speaking at the Master Marketer program on agricultural leases.  Both programs had great turn outs, great questions from the participants, and great food (always a plus!)  Welcome to the new readers from those events. Here are a few stories… Read More →

Court Rules for Llama Owners in Lawsuit Involving Attack

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**This article is not a substitute for the advice of an attorney.** In November, the Illinois Court of Appeals granted summary judgment for defendants in a case involving a llama who attacked a high school student hired by the llama’s owners to work on their farm.  The result likely would have been different under Texas or New Mexico law. Background The plaintiff was hired by the defendants to work on their pet store and family farm.  Even after his employment ended, the plaintiff still periodically cared for the farm animals… Read More →

Merry Christmas from the Texas Agriculture Law Blog!

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Merry Christmas from the Texas Agriculture Law Blog!  I hope you are all enjoying time with your friends and family.  Weekly Round Up will be back next week.  For today, I will leave you with a newspaper clipping that I read earlier this week and really resonated with me.  I think you all will enjoy!

Breaking News: 10th Circuit Lifts Injunction in Horse Slaughter Case

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As you may recall from this prior post, the plaintiffs in Front Range Equine Rescue v. Vilsack requested and received an emergency injunction in early November to prevent horse slaughter plants from being inspected pending appeal of the case to the United States Court of Appeals for the Tenth Circuit.  That injunction was lifted on Friday, December 13, 2013, allowing horse slaughter plants to move towards commencing operations. The Tenth Circuit lifted the injunction finding that the plaintiffs “failed to met their burden for an injunction pending appeal.”  Specifically, the… Read More →

Duke Energy Pleads Guilty to Bird Deaths Caused by Wind Turbines

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**This article is not a substitute for the advice of an attorney.** Duke Energy Corp. recently pled guilty under the Migratory Bird Treaty Act to killing eagles and other birds at two Wyoming wind farms.  Specifically, the company pled guilty to killing 14 eagles and 149 other birds at its wind farms located outside of Casper from 2009 to 2013.  This case marked the first prosecution by the United States Department of Justice of a wind energy company for bird deaths pursuant to the Migratory Bird Treaty Act, passed in 1918, which… Read More →

*Correction to Weekly Round Up*

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Last week there was an error in the Weekly Round Up post.  The Texas Water Development Board’s $4 million loan to Grand Prairie did not come from the Proposition 6 funding, but instead from the Drinking Water State Revolving Fund.  The TWDB will likely not have procedures and guidelines in place to award Proposition 6 grants until 2015.  We apologize for the error and any inconvenience that it caused.  It has now been corrected in the prior post.

Additional Breaking News: Tenth Circuit Issues Temporary Stay in Horse Slaughter Case

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**This article is not a substitute for the advice of an attorney.** The United States Court of Appeals for the Tenth Circuit has issued a temporary stay of Judge Christina Armijo’s November 1, 2013 decision that would have allowed federal agencies to conduct inspections of potential horse slaughter facilities, thereby allowing horse slaughter to resume in the United States. The Plaintiffs in the case (which include numerous animal rights groups and activists as well as the State of New Mexico) filed an Emergency Motion for Injunction Pending Appeal… Read More →

October 25, 2013 Weekly Round Up

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***This blog is not intended as a substitute for the advice of an attorney.***   A wide variety of ag law stories were in the news this week.  Here is a recap.   AQHA Seeks Delay in Registering Clones During Appeal:  The AQHA is seeking permission from a federal judge to delay in complying with an order to register cloned horses and their offspring pending a decision on the pending appeal.  In July, a jury found that the AQHA’s rules banning registration of cloned horses violated anti-trust laws. … Read More →

Eighth Circuit Issues Decision in Pig Show Case

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**This article is not a substitute for the advice of an attorney.** The United States Court of Appeals for the Eighth Circuit decided a case today involving a ban enacted to prevent a 4-H member from showing pigs in South Dakota after allegations of cheating. A 15-year old 4-H member showed a belted barrow to 4-H Show Reserve Grand Champion and FFA Show Grand Champion honors at the 2011 South Dakota State Fair.  Shortly after her wins, allegations began to fly that the pig did not belong to… Read More →