Breaking News: EPA Bans Use of Enlist Duo & Enlist One in Certain Counties Across US

On January 11, 2022, the Environmental Protection Agency (“EPA”) granted new registrations and labels for Corteva’s Enlist One and Enlist Duo herbicides. [Documents here.] The EPA approved registration but included additional requirements and a list of counties across the US for which use will be banned. Background Enlist One and Enlist Duo are 2,4-D-based herbicides for over-the-top use in 2,4-D-tolerant cotton, corn, and soybeans to help control broadleaf weeds.  They were initially registered for five years in 2017.  That registration was set to expire on January 12, 2022…. Read More →

2021 Year in Review – Texas

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 →

January 7, 2022 Weekly Round Up

Welcome to our first Weekly Round Up of the year.  Here are a few of the ag law stories in the news over the past several weeks. *State of Texas files amicus brief supporting landowner in Texas Central Railway case.  The State of Texas has filed an amicus brief on the side of the landowner in Texas Central Railroad & Infrastructure v. Miles, a lawsuit challenging Texas Central Railway’s use of eminent domain power.  [Read prior blog post here.]  The State’s briefing supports the landowner’s argument that Texas… Read More →

2021 Ag Law Year in Review – National

Happy 2022!  As we do each year, we’ve compiled our list of some of the biggest agricultural law stories in 2021.  Today, we will take a look at this from the national level.  Next week, we will take a look at Texas-specific issues.  To hear Paul Goeringer and I discuss the biggest issues of 2021, click here to listen to our year-end episode of the Ag Law in the Field Podcast. Waters of the United States If there has been one constant over the last 5 years, it… Read More →

Top Blog & Podcast Episodes for 2021

To wrap up 2021, let’s take a look back at the most popular blog posts and podcast episodes from the past year. I also want to take a moment to thank our Texas Agriculture Law Blog sponsors for 2021:  Texas Corn Producers, Lone Star Ag Credit, and Capital Farm Credit.  If you can, please thank these groups for their support of this blog. Finally, I want to thank all of you for reading this blog and supporting my program.  I really enjoy the work I get to do,… Read More →

December 17, 2021 Weekly Round Up

Here we are with our final Weekly Round Up of 2021!   It has been quite the year. We will have our annual nationwide and Texas-specific year-in-review blog posts coming up over the next couple of weeks, and we recently released an Ag Law in the Field Podcast episode recapping the year from an ag law perspective here. Here are some recent news stories that may be of interest. *EPA considering modifications to dicamba approval, but offers no timeline.  A senior regulatory specialist with EPA stated that “the agency… Read More →

United States Supreme Court Dismisses Mississippi v. Tennessee Groundwater Lawsuit

The United States Supreme Court recently issued a unanimous opinion in an ongoing groundwater dispute between Mississippi and Tennessee.  [Read Opinion here.] I wrote a blog post detailing this decision for the National Agricultural Law Center.  To read my summary of the dispute, description of the Opinion, and thoughts about what this means from here, just click here to read that post.

Overview of Seed Saving Laws

I recently published a fact sheet focused on what farmers need to know about seed saving laws.  This is both important and complicated, so my hope is that this fact sheet will help farmers understand the different protections that may apply and help them know what questions to ask when purchasing or saving seed. To access the fact sheet, click here. To learn more about the law applicable to saving seed, check out this podcast episode I did with Joel Cape.

December 3, 2021 Weekly Round Up

Happy December!  There has been a lot of agricultural law news over the past few weeks, so here are some of the biggest stories impacting agriculture. *Texas Supreme Court denied petition for review in Lyle v. Midway Solar.  Earlier this year, the El Paso Court of Appeals dismissed a lawsuit filed by mineral owners against a solar company for building a solar farm on the property.  The court held that the accommodation doctrine would apply, but that because the mineral owner had not sought to actually develop the minerals,… Read More →

Ag Law in the Field Podcast: Episodes 101-110

We just keep rolling along with our Ag Law in the Field Podcast episodes.  Our show continues to grow in popularity and we appreciate those of you who are listeners! If you aren’t familiar with Ag Law in the Field or with podcasts in general, don’t panic.  This is simply another resource that I have available for you to learn more about Texas agricultural law.  Each episode is audio-only, and I interview an ag lawyer about a specific topic.  The best part…you can listen for free!  In the… Read More →