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Conservation Easements Are Not Required As Mitigation For Permanent Loss Of Farmland

In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a mining operation that will result in a permanent...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

Current Issues in Texas Surface Water Law

Learn more about the major issues currently going on in Texas related to surface water. This article was initially published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw ...more

Texas Water: Basics of Surface Water Law

This article outlines the basics of surface water law in Texas. *This was first published on the Texas Agriculture Law Blog at http://agrilife.org/texasaglaw . ...more

Texas Water Wars: Texas v. New Mexico

Learn more about a lawsuit between the states regarding the waters of the Rio Grande River that is creating serious controversy between the two states and may be decided by the United States Supreme Court. This article is...more

Most Favored Nations Clause: Something To Consider

A recent Texas appellate court decision outlines the mechanics of a "most favored nations clause" in an oil and gas lease. These clauses require that a mineral lessor treat the lessee as well as any other lessee in a defined...more

Texas Surface Owners Beware!: Understanding Mineral Lessee’s Rights to Use the Surface Estate

In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface...more

A Cattle Rancher v. An Oil Company - The Accomodation Doctrine

The Texas Supreme Court recently outlined the parameters of the accommodation doctrine as it applied when oil companies are granted the implied right to enter and utilize a surface estate in order to drill for and produce oil...more

Water Bills - Summary of the 2013 Texas Legislative Session

This article provides a summary of the water-related bills considered by the 2013 Texas Legislature. *This article was originally posted on the Texas Agriculture Law Blog: http://agrilife.org/texasaglaw ....more

Bounds v. New Mexico

Amicus Curiae Brief of Water Systems Council Amici in Support of the State of New Mexico and the State Engineer John D'Antonio

This amicus brief, filed by Tiffany Dowell and Jesse J. Richardson, Jr., was filed on behalf of 17 nationwide clients in support of the constitutionality of New Mexico's domestic well statute. This brief discusses the prior...more

Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"

Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) In Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, the Court of Appeal considered...more

McAfee & Taft AgLINC - December 2010

INSIDE THIS ISSUE: 2 Oklahoma’s Nontestamentary Transfer of Property Act 3 Tracking EPA’s enforcement of the CAFO Mandatory Greenhouse Gas Reporting Rule 3 The excess farm loss deduction limitation 4 Oklahoma’s Oil and...more

Gas & Oil Addendum

All, I am in the business of facilitating Gas & Oil negotiations, lease and addendum drafting and litigation. As my G&O practice grows each day, along with the industry itself, I find myself always increasing the protective...more

Expanding the Texas Right to Farm

This article discusses the Texas Right to Farm Act and the recent Court of Appeals Decision that expands the act's protections to include both nuisance and trespass allegations....more

Expanding Right to Farm Statutes

This article discusses right to farm statutes, focusing specifically on how a recent decision by the Texas Court of Appeals has expanded the protection offered to agricultural operators. The article also discusses how this...more

Daddy Won't Sell the Farm: Drafting Right to Farm Statutes to Protect Small Family Producers

This Comment, published at 18 San Joaquin Agric. L. Rev. 127 (2009), discusses the importance of right to farm legislation, which seeks to prevent nuisance lawsuits against agricultural producers. In particular, this Comment...more

Purchase of Development Rights: Another Option for Conservation Minded Landowners

Many landowners are familiar with conservation easements, a vehicle for preserving land in perpetuity, for which they can realize tax benefits. Few landowners, however, are aware of another option: selling the development...more

Developing Former Agricultural Land? Plan on Looking for Pesticides

For real estate developers, yesterday’s farms and orchards are tomorrow’s industrial park, school or residential development. Redevelopment of former agricultural lands, as it turns out, is also a new focus for the Oregon...more

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