It has been a busy couple of weeks in the agricultural law world! *US Supreme Court rules in Proposition 12 challenge.  The United States Supreme Court issued an opinion in National Pork Producers v. Ross allowing California’s Proposition 12 to stand.  On Wednesday, we published a full summary of the Court’s ruling here.  To read a far shorter summary of the ruling, click here. *US Supreme Court will not hear South Carolina Clean Water Act case.  The US Supreme Court has denied a petition for certiorari in Dakota Finance LLC ..read more

The El Paso Court of Appeals recently enforced a liability waiver against a party injured when she fell off a horse in Green v. Lajitas Capital Partners, LLC.  [Read Opinion here.]  This case is a great reminder about the law surrounding liability waivers and how they can be an important part of a risk management plan. Background In June 2020, Sherri Green and other members paid to go on a sunset trail ride at Lajitas Resort. Prior to the ride, Sherri signed a release that was labeled in bold ..read more

Did you know that I host a podcast about agricultural law called Ag Law in the Field?  It’s a really fun project that allows me to introduce listeners to some of the best ag lawyers in the country. 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 agricultural law.  Each episode is audio-only, and I interview an ag lawyer about a specific topic.  The best ..read more

The United States Supreme Court has ruled in a closely watched agricultural law case involving California’s Proposition 12.  [Read Opinion here.] Background  In 2018, California voters passed Proposition 12 (“Prop 12”), a ballot initiative setting production standards for eggs, veal, and pork sold in California.  Relevant in this case, Prop 12 prohibited the sale of whole pork meat from breeding pigs or their immediate offspring that were “confined in a cruel manner.”  “Cruel” conditions were defined as a pig being unable to lie down, stand up, fully extend ..read more

“If one asks why agreements should be memorialized in writing, this case illustrates why.”   With an opening sentence like that, I knew I had to write a blog post about the Amarillo Court of Appeals’ decision in Kongvongsay v. Sayasane.  Although it is not related to agricultural property, the lessons learned are still important for all landowners, sellers, and purchasers. Background In September 2012, Sayasane and Kongvongsay entered into an oral agreement that Sayasane would buy a commercial building in Amarillo from Kongvongsay for $110,000.  Sayasane made a ..read more

Happy Cinco de Mayo!  We’re back with another ag law round up of news and articles from around the country. We’ve also got a photo of our newest addition born just yesterday from our place here in Texas. *Texas Supreme Court sides with royalty owner in post-production cost case.  The Texas Supreme Court recently sided with royalty owners in Devon v. Sheppard, a case challenging post production costs in the Eagle Ford Shale.  [Read Opinion here and Dissenting Opinion here.]  To read a good summary of the decision, click ..read more

Each year, the Texas Chapter of the American Society of Farm Managers and Rural Appraisers publishes a Rural Land Value Trends report.  This is one of the best documents available for those interested in the sales value and lease value of rural lands in Texas.  It is also the only publication of which I am aware that provides information on the value of hunting leases. The 2022 report was just released in April 2023.  Click here to download. This report breaks Texas into seven regions and then each ..read more

Here are a few of the ag law stories in the news the past couple of weeks. *North Dakota court issues injunction against Biden WOTUS rule in 24 states.  The judge hearing a WOTUS lawsuit filed by 24 states in North Dakota issued an injunction against the rule in each of those states.  [Read article here.]  In addition to the 24 states impacted by this injunction, remember that a Texas judge previously issued an injunction prohibiting the rule from going into effect in Texas and Idaho.  [Read article ..read more

An El Paso Court of Appeals case, Mr. W Fireworks, Inc. v. NRZ Investment Group, LLC, offers important information for anyone seeking to exercise a right of first refusal. [Read opinion here.] (If you’ve been here for a while, you may remember this is not Mr. W’s first case this year involving problems with a right of first refusal.  Click here to read about a case in the Panhandle from last year.) Background  This case involves a lease between landowner, Nathan Lee, and Mr. W Fireworks, Inc. (“Mr ..read more

It’s been another busy couple of weeks in the world of agricultural law. *State of Texas files suit challenging lesser prairie chicken listing.  The State of Texas has filed suit challenging the listing of the lesser prairie chicken as threatened and endangered pursuant to the Endangered Species Act.  The lawsuit claims the listing violates the Administrative Procedure Act, the Endangered Species and the National Environmental Policy Act.  In addition to these claims, the lawsuit alleges that this action “threats to derail” the efforts undertaken by the State and ..read more