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Articles 1 - 30 of 33
Full-Text Articles in Law
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
Interagency Disputes Over Dry Fields Or Clean Water: A Case Study Of The Conflict Between Agricultural Drainage Programs And The Chesapeake Bay Cleanup, Timothy J. Lindon, Mark P. Gergen
Interagency Disputes Over Dry Fields Or Clean Water: A Case Study Of The Conflict Between Agricultural Drainage Programs And The Chesapeake Bay Cleanup, Timothy J. Lindon, Mark P. Gergen
Mark P. Gergen
Despite the threat posed to Chesapeake Bay by agricultural runoff, SCS continues to plan and fund agricultural drainage projects which will worsen the already critical condition of the bay. One such project now under consideration for the Delmarva peninsula in Maryland and Delaware is discussed. The upper Chester river watershed project provides a case study of the environmental peril posed by drainage projects and of the difficulty environmental agencies confront in seeking to compel other agencies to consider adequately the harmful consequences of their actions. ( 24 references, )
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes
Columbia Center on Sustainable Investment Staff Publications
Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.
Bankruptcy Law, Hon. Kevin R. Huennekens, Nathan Kramer
Bankruptcy Law, Hon. Kevin R. Huennekens, Nathan Kramer
University of Richmond Law Review
This article will cover both consumer and business bankruptcy issues, and is limited primarily to decisions by courts within the Fourth Circuit since mid-2012. Despite these general parameters, because bankruptcy is federal law, there are some cases outside the Fourth Circuit that are included due to their influential and instructive nature. The intention of this update is to provide bankruptcy practitioners in Virginia with concise, yet compre-hensive, case summaries that will prove to be a valuable researchtool.
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus
Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Recent Case Decisions, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan D. Volino
Recent Case Decisions, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan D. Volino
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
It’S The End Of The Biological Patent World As We Know It, And Consumer Watchdog Feels Fine: How Consumer Watchdog Is Attempting To Kill The Future Of Horticultural Research, George R. Holton
George R Holton
No abstract provided.
Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein
Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein
Gabriel Eckstein
Millions of farm workers nation-wide who load, mix and/or apply pesticides are exposed to incredible amounts of pesticides on a daily basis. Various inefficiencies and inconsistencies in the regulatory system - including insufficient illness reporting data systems, lack of regulatory compliance and enforcement, and inadequate data and information on the chronic effects of exposure and overexposure to various pesticides - increase the likelihood that these workers will continue to be exposed to dangerous amounts of pesticides. This Article assesses the existing mechanisms designed to protect farm workers from occupational exposure to pesticides and identifies and analyzes some of the shortcomings …
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Ag Gag Past, Present, And Future, Justin F. Marceau
Ag Gag Past, Present, And Future, Justin F. Marceau
Seattle University Law Review
While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
Seattle University Law Review
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO
25 slides
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Peter Mayer, P.E., Water Demand Management
20 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Slides: Six Decades Of Texas Water Planning, Ronald Kaiser
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University
32 slides
Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot
Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Dr. Perry Cabot, Research Scientist and Extension Specialist, Colorado Water Institute, Colorado State University
35 slides
Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Matthew Rimmer
In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the …
Recent Case Decisions, Jordan D. Volino, John C. Curtis Iii, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin
Recent Case Decisions, Jordan D. Volino, John C. Curtis Iii, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan
The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan
William & Mary Environmental Law and Policy Review
For many countries, money grows on trees: woody biomass is one of the most important sources of renewable energy in the European Union. In the United States, biomass was the input for almost half of the renewable energy generated in 2000; of the energy generated by biomass, seventy-six percent was produced from wood.1 Currently, biomass is the largest source of renewable energy in the country. The ability to secure a reliable and stable supply of biomass is therefore extremely important for the future of the renewable energy industry. According to the United States Department of Energy, the success of the …
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Taxation Aspects Of Foreign Investments In India, Udai V. Singh
Georgia Journal of International & Comparative Law
No abstract provided.
The Cost Of Cutting Agricultural Output: Interpreting The Capper-Volstead Act, Alison Peck
The Cost Of Cutting Agricultural Output: Interpreting The Capper-Volstead Act, Alison Peck
Missouri Law Review
In Part I, this Article reviews the allegations of production-limiting agreements by cooperatives in the eggs, potatoes, mushrooms, and milk markets. Since the purpose of this Article is to offer a close reading of the Capper-Volstead Act, the Act is laid out in Part II. In Part III, an interpretation based on a textualist reading, supplemented by canons of statutory construction, point to the conclusion that Capper-Volstead does not extend to preproduction agreements to limit supply. Part IV canvasses the (slender) committee reports and (extensive) floor debates, which set forth scant discussion and conflicting statements on the question of production …
Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris
Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris
Mary Jane Angelo
This article will explore a number of legal mechanisms that could play a role in ensuring that discharges from agricultural activities do not cause or contribute to violations of water quality standards. Specifically, this article will evaluate the relative effectiveness of: (1) narrative nutrient criteria as compared with numeric nutrient criteria; (2) Total Maximum Daily Load (TMDL) implementation through regulatory and non-regulatory mechanisms; and (3) the relative efficacy of design-based standards such as Best Management Practices (BMPs) and performance-based standards in reducing water pollution from agriculture. The article will draw on experiences from the State of Florida, including Everglades' restoration …
Bowman V. Monsanto: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Bowman V. Monsanto: A Bellwether For The Emerging Issue Of Patentable Self-Replicating Technologies And Inadvertent Infringement, Christopher M. Holman
Christopher M Holman
The inherent tendency of patented seeds to self-replicate has led to fears that farmers might face liability for inadvertent patent infringement. To address the perceived problem, some have proposed severely limiting the availability of effective patent protection for self-replicating technologies, for example by denying patent rights to “second generation” self-replicating products, or even by broadly declaring such technologies ineligible for patent protection. The fact is, lawsuits against inadvertently infringing farmers remain of largely hypothetical concern. However, changes in the market could soon render such lawsuits a reality. In addressing the resulting policy concerns, the courts and/or Congress have at their …
World Poverty And Food Insecurity, Carmen G. Gonzalez
World Poverty And Food Insecurity, Carmen G. Gonzalez
Carmen G. Gonzalez
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti
Law Faculty Publications
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
South Carolina Journal of International Law and Business
The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
Will McLaren
Over a century ago, a series of questionable management decisions and water-diversion engineering mistakes in Southern California produced an “unnatural” waterbody called the Salton Sea. Since then, the Sea has served as a recreational destination with fluctuating popularity, a sanctuary for migratory birds, a sink for agricultural runoff and urban wastewater, and one of the most productive tilapia and corvina fisheries in the United States. However, the Sea’s resources and associated uses have steadily deteriorated since its formation.
The contrast between the ethics that drove resource management decisions at the time of the Salton Sea’s formation to those employed in …
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
Will McLaren
Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).
Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a …
The Value Of Water In The Colorado River Basin: A Snapshot Of A Fluid Landscape, Brian Annes, Colorado River Governance Initiative
The Value Of Water In The Colorado River Basin: A Snapshot Of A Fluid Landscape, Brian Annes, Colorado River Governance Initiative
Books, Reports, and Studies
33 pages.
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group
Books, Reports, and Studies
40 pages (includes color illustrations).