Overview Academics like to argue academic things. Most of the time, those arguments remain academic and are not worth a producer’s time. But occasionally an academic theory escapes the seminar room and begins to affect the legal rules under which farmers and ranchers operate. The growing international movement to recognize […]Read more »
Environmental Law
139 posts
Overview For more than a decade, few federal environmental regulations have generated more uncertainty – and more frustration – for farmers, ranchers and rural landowners than the federal definition of “waters of the United States,” or WOTUS, under the Clean Water Act. The latest development suggests that the federal government […]Read more »
Overview The Endangered Species Act (ESA) remains one of the most powerful—and controversial—federal environmental statutes affecting agriculture. While the Act was enacted in 1973 with the laudable objective of preventing the extinction of plant and animal species, decades of expansive regulatory interpretation have transformed the ESA into a far-reaching land-use […]Read more »
Overview This week, the U.S. Supreme Court handed down a trio of landmark decisions that offer an instructive, mixed baseline for defenders of private property rights, the separation of powers, and the rule of law. Across these three major rulings – Pung v. Isabella County,[1] Cisco Systems, Inc. v. Doe,[2] […]Read more »
Overview For more than fifty years, farmers and ranchers operated under the shadow of a changing administrative sword. The Clean Water Act (CWA) of 1972, while noble in its intent to maintain the integrity of the nation’s waters, became an instrument of severe regulatory overreach. By expanding the statutory phrase […]Read more »
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 »
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 »