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Full-Text Articles in Agriculture Law

Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith May 2021

Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith

EENRS Program Reports & Publications

This Report examines existing flood-related regulations in Texas and the United States, the Texas State Flood Plan, current flood mitigation strategies in the state, and the potential to implement green stormwater infrastructure. The report offers policy recommendations to clarify and help alleviate the current ambiguities and uncertainties between the Texas State Water Plan and State Flood Plan for future flood mitigation practices, and to simplify the implementation of green infrastructure.


Animal Agriculture Liability For Climatic Nuisance: A Path Forward For Climate Change Litigation?, Daniel E. Walters May 2019

Animal Agriculture Liability For Climatic Nuisance: A Path Forward For Climate Change Litigation?, Daniel E. Walters

Faculty Scholarship

Despite possessing statutory authority to regulate at least some contributing causes of climate change, environmental regulators in the United States have recently found themselves tied up in political gridlock. In response, advocates are turning from the regulatory track to a common law liability track, bringing public nuisance suits against fossil fuel producers and electric utilities. However, most of these public nuisance suits have met a common fate: they have been held to be displaced by the comprehensive regulatory framework for controlling greenhouse gas emissions contained in the Clean Air Act. As long as there is even the possibility of regulatory …


Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein Oct 2009

Organophosphates, Friend And Foe: The Promise Of Medical Monitoring For Farm Workers And Their Families, Adriane J. Busby, Gabriel Eckstein

Faculty Scholarship

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 …


Cuotas Y Tasa Suplementaria En El Sector Lácteo En Cataluña [Quota And Super Levy In The Cow Milk Sector], Vanessa Casado-Pérez, Anna Ginès-Fabrellas, Patricia Gómez-González, Aroa Saiz-Jiménez Jan 2009

Cuotas Y Tasa Suplementaria En El Sector Lácteo En Cataluña [Quota And Super Levy In The Cow Milk Sector], Vanessa Casado-Pérez, Anna Ginès-Fabrellas, Patricia Gómez-González, Aroa Saiz-Jiménez

Faculty Scholarship

El Reglamento 856/84/CE instaura en el seno de la Unión Europea el régimen de cuotas lecheras y tasa suplementaria, con la finalidad de restringir la producción de leche de vaca. Dicha limitación al libre mercado ha afectado al precio de la leche y ha generado transformaciones importantes en la estructura productiva del sector ganadero catalán. Actualmente se debate la posibilidad de la supresión del régimen de cuotas lecheras y tasa suplementaria. La supresión de esta medida proteccionista conllevaría un aumento de la producción, una caída en el precio y una mayor intensificación de las explotaciones ganaderas. El objetivo de este …


Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan Jan 2009

Dying To Dine: A Story Of The Suicidal Indian Farmers, Srividhya Ragavan

Faculty Scholarship

The realities of the food crisis form the background to the discussion of India’s endeavor to tackle the issues relating to agriculture with special emphasis on the nation’s efforts to promote farmers’ rights under the Protection of Plant Varieties and Farmers’ Rights Act, 2004 (PPVFA). The story of the PPVFA is interesting because the legislation represents India’s fulfillment of its international obligations by introducing breeders’ rights while simultaneously recognizing farmers’ traditional rights. Thus, Part I of this article outlines the steps India took to promote farmers’ rights as part of enacting a legislation to protect breeders’ rights to fulfill its …


New Paradigms For Protection Of Biodiversity, Srividhya Ragavan Sep 2008

New Paradigms For Protection Of Biodiversity, Srividhya Ragavan

Faculty Scholarship

The most successful bioprospecting venture was established in 1989 in Costa Rica. Interestingly, the distinction of being a forerunner in exploiting bioprospecting goes to India. In 1979, a full decade before Costa Rica, India established the TBGRI (Tropical Botanic Garden and Research Institute) at Trivandrum.

Yet, the TBGRI venture with the Kani Tribes, which had the potential to become a beacon of bioprospecting success, is showcased as the exemplar of failure. In this era of trade regime, the following paper asserts, bioprospecting ventures are important tools for developing countries. Countries like India and organizations like the TBGRI should learn from …


Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields Oct 2007

Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields

Faculty Scholarship

The paper examines issues relating to establishing breeders rights in developing nations by taking India as an example. At the outset, the paper examines the international obligations relating to protecting plant breeder’s rights by examining the requirements under Article 27.3 of the TRIPS agreement. In doing so, the paper examines analyzes what amounts to an effective sui generis system as required under TRIPS.

Further, the paper analyzes the constituents of the models currently touted by developed nations and outlined under the Union for Plant Variety Protection (UPOV, 1991) to determine the model’s ability to fulfill the TRIPS requirement. In determining …


Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray Jul 2002

Searching For A Sense Of Control: The Challenge Presented By Community Conflicts Over Concentrated Animal Feeding Operations, Nancy A. Welsh, Barbara Gray

Faculty Scholarship

The growth in the number of concentrated animal feeding operations ("CAFOs"), particularly those involved in swine production, has brought with it increased community concern and outright conflict in many communities across the United States.' Most commentators have focused upon anticipated outcomes to explain the contentiousness of CAFO-related disputes.2 Meanwhile, even though the social dynamics that contribute to the development and escalation of conflicts over CAFOs parallel those exhibited in other kinds of community conflicts, little research has systematically examined the social dynamics associated with CAFO conflicts. One exception to this deficiency is recent work conducted by a team of researchers …


Community Conflicts Over Intensive Livestock Operations: How And Why Do Such Conflicts Escalate?, Charles W. Abdalla, John C. Becker, Ralph Hanke, Celia Cook-Huffman, Barbara Gray, Nancy A. Welsh Mar 2002

Community Conflicts Over Intensive Livestock Operations: How And Why Do Such Conflicts Escalate?, Charles W. Abdalla, John C. Becker, Ralph Hanke, Celia Cook-Huffman, Barbara Gray, Nancy A. Welsh

Faculty Scholarship

Why do community groups and individuals oppose establishment of intensive scale livestock operations in communities? Why have established forms of economic activity become the pariah of rural communities across the nation? In December 1997, the Pennsylvania Senate passed Resolution 91. This article addresses the results of a research project funded by the state Department of Agriculture in response to Senate Resolution 91, directing the Secretary of Agriculture to develop a model of community dispute resolution to address community conflicts involving intensive livestock operations ("ILOs"). Specifically this article addresses project findings detailing why conflicts over ILOs arise and how they escalate.