New Fact Sheet: Carbon Contract Checklist

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My student assistant, Karli Kaase, and I recently co-authored a fact sheet offering a list of terms for landowners considering entering into a carbon contract.  [View fact sheet here.] It is critical for landowners to understand that every contract is different, and the devil is in the details.  Before signing a contract, landowners should carefully read the entire document, and I recommend contacting an attorney well-versed in carbon contracts to assist with negotiation and evaluation. To learn more about carbon markets, click here for a podcast episode I… Read More →

July 14, 2023 Weekly Round Up

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There has been no summer break for news in the agricultural law world.  Here are a few stories in the news recently. *Texas federal court issues stay Biden WOTUS Rule litigation until revised rule released.  A federal judge in Texas issued a stay in litigation challenging the Biden WOTUS Rule, which was promulgated earlier this year.  The stay was issued in light of the recent US Supreme Court decision in Sackett v. EPA, holding that the “significant nexus” test is not the proper method of determining whether a wetland… Read More →

Significant Changes Coming to Texas Right to Farm Statute

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As of September 1, 2023, there will be significant changes in store for the Texas Right to Farm statute.  The Texas Legislature passed, and Governor Abbott signed, HB 1750, HB 2308 and HB 2947, each revising the statute offering important protections to Texas rural landowners, lessees, and agricultural operators.  We have prepared a document showing the text of the Texas Right to Farm Statute as of September 1. To read a full summary of the Texas Right to Farm statute, click here. Background The Texas Right to Farm… Read More →

SCOTUS 2022-23 Term Ag Law Recap

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The United States Supreme Court has finished releasing opinions for its 2022-2023 term.  There were a number of opinions related to agricultural law issues that are worth highlighting. Sackett v. EPA [Opinion] We have extensively covered this case dealing with the proper definition of “waters of the United States” under the Clean Water Act.  [Blog post / Podcast episode]  The Justices issued an interesting opinion in which they unanimously held the “significant nexus test” is not the proper test to determine whether a wetland constitutes a WOTUS and that… Read More →

June 30, 2023 Weekly Round Up

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Happy Friday and Happy Independence Day to everyone!  We’ve got a number of ag law issues to cover in today’s Weekly Round Up. *EPA to revise WOTUS rule by September 1 to comply with SCOTUS decision in Sackett v. EPA.   The EPA announced it will issue a revised final WOTUS Rule by September 1 in light of the US Supreme Court decision in Sackett v. EPA.  As you recall from this blog post and this podcast episode, the Supreme Court unanimously ruled that the “significant nexus test” was not the… Read More →

Neighbor-to-Neighbor Farm Sale Leads to Lawsuits

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*NOTE:  In August 2023, the Amarillo Court of Appeals withdrew its initial opinion and issued a new Opinion in the case.  The outcome and most of the analysis was the same.  The only change was based on why the court dismissed the promissory estoppel claim.  The blog post has been edited to reflect the revised Opinion.* When a dispute arose related to a neighbor-to-neighbor farm sale, two lawsuits were filed.  The Amarillo Court of Appeals’ decisions in both Barkley v. Connelly cases offer important reminders for anyone entering into… Read More →

What Happens if the Original Will Is Missing?

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What happens when the original of a will goes missing and there is no evidence of what happened?  That was the issue recently addressed in In the estate of Myrtle Dell Brown. Background Myrtle Brown died in June 2018 at 93 years old.  She was not married and had no children.  The value of her estate was approximately $750,000. Ms. Eriks filed an application for probate of a copy of a will seeking to introduce a will dated October 1, 2009 that named the Humane Society as the sole… Read More →

June 16, 2023 Weekly Round Up

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We’re back with some helpful resources and information about agricultural law for your Friday! *Florida foreign ag land ownership law facing legal challenge.  Micah Brown from the National Ag Law Center recently wrote a great summary of lawsuit challenging Florida’s foreign ag land ownership law as unconstitutional.  [Read article here.]  To hear Micah and I discuss foreign ag land ownership laws generally, click here. *EPA appears to continue to fight for WOTUS Rule.  You may recall from this blog post my prediction that the Biden administration would likely… Read More →

US Supreme Court Issues Opinion in WOTUS Case, Sackett v. EPA

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The United States Supreme Court has issued its Opinion in Sackett v. EPA, a case looking at the proper test to determine whether a wetland is jurisdictional under the Clean Water Act (CWA).  To hear my discussion on this case with our favorite law professors, Jesse Richardson and Anthony Schutz, click here.  To read a significantly shorter Q&A interview about the case I did with Progressive Cattle, click here. Short Summary For those of you who have no interest in reading such a long description, here is a … Read More →

June 9, 2023 Weekly Round Up

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Happy June!  We’ve got plenty of ag law news to kick off the summer. *US Supreme Court rules for landowner in Sackett v. EPA, abandons “significant nexus test” for WOTUS.  I’ll have a lengthy blog post about this decision on Monday, but meanwhile, you can read a Q&A interview I did with Progressive Cattle about the decision and what it means for agriculture here. You can also listen to me and two of the best water law professors in the country break it down on my Ag Law in… Read More →