Overview For the Kansas producer, environmental stewardship is often synonymous with long-term business success. However, operating within the framework of state and federal environmental regulations can feel like a complex task. Staying informed ensures that your farm not only remains compliant but also stays eligible for vital conservation programs and […]Read more »
Environmental Law
134 posts
Why “Social Justice” Theories are the Newest Threat to Your Property Rights Overview The Founders understood that the primary function of property law is to provide certainty and stability. Property rights were so important that they are enshrined in the Bill of Rights. The Fifth Amendment to the Constitution requires […]Read more »
EPA Approval vs. The Jury Box Overview 2025 was a watershed year for pesticide litigation, marked by massive jury verdicts and a deepening divide over whether federal law shields manufacturers from state-level lawsuits. At the heart of the conflict is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the […]Read more »
Investment in Soil, Water and Wildlife or Slush Fund for NGOs? Overview In recent years, several states have enacted legislation that purports to fund various conservation and wildlife efforts. In Kansas House Bill 2063 (the 2025-2026 iteration) is framed as a “Working Lands” conservation initiative. But these laws raise significant […]Read more »
“Waters of the United States” In 2025, the long-running saga of the “Waters of the United States” (WOTUS) reached a decisive turning point, providing farmers and ranchers with the regulatory clarity that has been sought for decades. Following years of “ping-pong” rulemaking between administrations, the developments of 2025 centered on […]Read more »
Narrowing the Scope of NEPA In a landmark ruling delivered in late 2025, the U.S. Supreme Court significantly narrowed the scope of the National Environmental Policy Act (NEPA).[1] The decision clarifies the extent to which federal agencies must consider indirect environmental impacts – specifically greenhouse gas (GHG) emissions and “climate change” […]Read more »
The Erosion of the Fence Line: How the Public Trust Doctrine Threatens Agricultural Property Overview For generations, the “right to exclude” – the ability of a landowner to decide who can and cannot enter their property—has been considered the most essential stick in the bundle of property rights. However, a […]Read more »
Number 10 Overview With today’s article I start my annual trek through what I believe to be the “Top 10” ag law and tax developments of the previous year. It’s always difficult to determine the ten “big ones.” I start with a much larger list and slowly pair it down. […]Read more »
A Win (for now) for the Constitution and Economic Efficiency Overview A significant development in the realm of property rights and carbon capture and storage (CCS) projects unfolded on December 2, 2025. In the case of North Dakota Landowners Association, et al. v. North Dakota, et al., No. 05-2023-CV-00065, Bottineau Co. […]Read more »
Overview On March 12, 2025, as part of a major effort of deregulation, the Environmental Protection Agency (EPA) and the Office of the Assistant Secretary of the Army (Corps of Engineers (COE)) took measures to clarify outstanding issues regarding the interpretation and implementation of "waters of the United States" (WOTUS) […]Read more »