Texas Agriculture Law
I recently co-authored an article for Southern Ag Today with my friend, Jesse Richardson, on an interesting case out of Michigan. While the case involved questions about zoning, it raised interesting policy questions about how best to preserve farmland and balance that desire with the economic benefits agritourism can provide. Read our article here.
The Eastland Court of Appeals recently issued an opinion in Mullins v. McWhirter, a case involving the liability of a cattle owner when her cow was hit by a motorcyclist on the highway. [Read Opinion here.] Background Rowdy Escobar was driving his motorcycle down U.S. Highway 84 in Coleman County. About 1:30 am, he was killed when his motorcycle struck a black cow owned by Charlotte Mullins on the highway. At the time of the accident, Charlotte leased land west of Highway 84 and had 47 cows on the… Read More →
It has been a remarkably busy few weeks for agricultural law around the country. Here are some of the biggest stories in the news. * Government shutdown ends, Farm Bill programs extended. After 43 days, the federal government has re-opened. Included in the Continuing Resolution to fund the government through January 2026 was language that will extend the existing Farm Bill programs for another 12 months. [Read article here.] * New WOTUS Rule proposed. As I have reported numerous times over the past decade, yet again, the Environmental Protection Agency… Read More →
Around the country, there has been much recent discussion about taking a “residual fertility deduction” for farm and ranchland. What is this? How does it work? What requirements exist? I recently co-authored an article for Southern Ag Today answering these questions with Kristine Tidgren from the Center for Agricultural Law and Taxation at Iowa State University. You can read our article here. Additionally, if you want to take a deeper dive on this topic, I did a podcast episode with Kristine and Dario Arezzo from Farm Credit East… Read More →
Last week, I was honored to present the 2025 Resource and Land Use Update at the American Agricultural Law Association Conference with my friend and mentor, Jesse Richardson. We worked to find the most important cases decided this year across the country related to topics like agritourism, water law, oil and gas, right to farm, takings, renewable energy, and more. What cases made our list? You can find out: 2025 LAND USE AND RESOURCE LAW UPDATE Are you interested in learning more about the American Agricultural Law Association?… Read More →
It has been a busy few weeks full of travel, learning, and connecting with people across the country. From programs and workshops in Bryan, Texas to the American Agricultural Law Association (AALA) Conference in Scottsdale, Arizona, it has been a great stretch of events. Let’s take a quick recap.
The United States Court of Appeals for the First Circuit recently upheld a legal challenge to Massachusetts Question 3, an animal confinement statute similar to California’s Prop 12. [Read Opinion here.] Background In 2016, Massachusetts voters passed Question 3, the Act to Prevent Cruelty to Farm Animals (“the Act”). The Act applied to veal, poultry, and pork, but this case involved only the provisions related to pork production. The Act prohibited the use of gestation crates on pig farms in Massachusetts. Additionally, the law prohibited the sale of… Read More →
I was honored to do an interview with Laura Handke for an article she was writing on estate planning for Red Angus magazine. Not only are Red Angus my favorite breed of cattle, a trait passed down to me from my grandmother, this is an extremely important topic for all farmers and ranchers to consider. Laura did a great job on this article, highlighting some of the key considerations for ag operations as they prepare an estate and succession plan. To read the article, click here and scroll… Read More →
*Federal court denies motion to dismiss in lawsuit over electronic ear tag requirement for cattle. A federal judge in South Dakota has denied a motion to dismiss a lawsuit filed by R-Calf and other agricultural groups challenging the USDA mandate requiring electronic ear tags for certain cattle and bison crossing state lines. This means the lawsuit will proceed with discovery. [Read article here.] *Federal appellate court upholds Massachusetts Question 3 law regarding animal confinement statutes. The United States Court of Appeals for the First Circuit recently upheld the… Read More →
Does a witness to a will signing have to know what is being signed? This was the question recently before the Amarillo Court of Appeals in In the estate of Chester Freeman Youngblood, deceased.[Read Opinion here.] Background The court summarized the case this way: “This case has all the makings of a legal riddle: two Debras, two wills, and one key question–does a witness to a will need to know it’s a will to validly witness the signing of it?” Chester Youngblood died in 2016 under the care of… Read More →
