January 13, 2023 Weekly Round Up

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I am always amazed by the number of important agricultural law issues that seem to happen over the holiday break. This year was no exception.  Here is a look at some of the key agricultural law stories over the past couple of weeks from around the country. *Biden administration releases final WOTUS Rule.  The Biden administration released the pre-publication version of their “Waters of the United States” definition.  The 600-page document goes into significant detail about the new regulatory definition.  The Rule will be effective 60 days after… Read More →

Egg Pricing Case Going Forward; Petition for Review at Texas Supreme Court

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The State of Texas claims that Cal-Maine Foods illegally charged excessive prices for eggs during the Covid-19 pandemic. This is the first case to interpret the Texas Deceptive Trade Practices Act disaster price gouging provision.  The trial court dismissed the case, but the First Court of Appeals in Houston reversed that decision.  [Read Opinion here.]  A Petition for Review is currently pending at the Texas Supreme Court with the State of Texas’ response due February 6, 2023. Factual Background Cal-Maine Foods is the largest producer of shell eggs… Read More →

Top Blog Posts & Podcast Episodes for 2022

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Happy New Year!  Now that we’ve turned the page on a new year, I wanted to share the most popular blog posts and podcast episodes from 2022. I also thought it might be fun to share some of my biggest projects from last year as well. Top 5 Texas Agriculture Law Blog Posts I started the Texas Agriculture Law Blog almost 10 years ago, and it remains one of my favorite projects.  I love the chance to write about cases and various legal issues that impact rural landowners… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

December 16, 2022 Weekly Round Up

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We are here with our final round up of 2022.  It has been a busy year.  If you missed our National Year in Review blog post, click here. If you prefer audio, you can check out my podcast episode with Paul Goeringer here.  Be sure to check back on Monday for our Texas Year in Review post as well. Here are a few of the ag law stories in the news. Oral argument held in dicamba case before D.C. Court of Appeals.  Oral argument was held this week in… Read More →

2022 Ag Law Year in Review – National

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I always enjoy the chance to look back over the year and recap the biggest agricultural law developments.  There was certainly no shortage agricultural law happenings in 2022.  Today, we’ll look at the national agricultural law scene, and next Monday, we will focus specifically on Texas.  If you want to hear more about some of the biggest national ag law stories of the year, click here for a podcast episode I did with my friend, Paul Goeringer.  With that, let’s get started! Carbon Contracts The topic about which… Read More →

Updates from Iowa: Right to Farm Statute Upheld; “Ag Gag” Statute Unconstitutional

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Earlier this year, the Iowa Supreme Court issued two agricultural law opinions that are critical to the state’s animal agriculture industry.  The discussion below is merely a summary of each case–for more information and detail, be sure to read the full opinions. Right to Farm Statute Upheld In August, the Iowa Supreme Court  issued an amended 4-3 opinion upholding the state’s Right to Farm law in Garrison v. New Fashion Pork LLP.  [Read opinion here.]  Specifically at issue was the Iowa Constitution’s inalienable rights clause and its application to… Read More →

December 2, 2022 Weekly Round Up

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Happy December! We are back with a number of updates for you with regard to agricultural law news around the country. *Lesser prairie chicken listed under Endangered Species Act.  On November 17, the US Fish and Wildlife Service issued a press release that it will be listing the lesser prairie chicken as threatened in the northern distinct population segment (including areas in southeastern Colorado, southcentral and western Kansas, western Oklahoma, and the northeastern Texas Panhandle.) and endangered in the southern distinct population segment (including areas in eastern New… Read More →

Texas Court of Appeals Grants Motion to Change Venue in Grape Growers Dicamba Lawsuit

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A Beaumont Court of Appeals decision in Timmons v. Monsanto will result in a lawsuit filed by Texas grape growers against Bayer, BASF, and Monsanto for alleged damage from dicamba drift being moved from Jefferson County to counties where the plaintiffs’ vineyards are located.  Factual Background In June of 2021, fifty-seven Texas grape growers and four grape processors filed suit against Bayer Crop Science, Monsanto, and BASF in state court in Jefferson County, Texas. [Read Complaint here.]  The lawsuit was related to alleged drift damage caused by the dicamba… Read More →

IRS Announces 2023 Estate & Gift Tax Exemption Amounts

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Recently, the IRS announced the 2023 estate and gift tax exemption amounts.  These amounts change slightly each year, and are an important consideration in a person’s estate planning process. As we have previously discussed the IRS sets a certain amount that a person is allowed to give during their lifetime or at death without estate or gift tax liability.  [Read prior blog posts here and here.]  The IRS adjusts the amount each year.  For 2023, the exemption amount will be $12.92 million per person, up from $12.06 million… Read More →