Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, 2014 SelectedWorks
Weeds, Seeds, & Deeds Redux: Natural And Legal Evolution In The U.S. Seed Wars, Rebecca K. Stewart
Rebecca K Stewart
Ever since the U.S. Patent and Trademark Office began issuing utility patents for plants, the United States has sat squarely on the frontlines of what have come to be known as the “seed wars.” In the last two decades, the majority of battles in the U.S. seed wars have been waged in the form of patent infringement lawsuits. Typically these suits are filed by biotechnology corporations such as Monsanto against farmers accused of saving and planting patented seed that self-replicates to produce progeny embodying—and thus infringing—the biotech corporations’ patented inventions.
Yet in recent years, the seed ...
Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki
Pace Environmental Law Review
This Comment analyzes the likelihood of whether BPI’s case against ABC News will be decided on the merits, whether South Dakota’s agricultural disparagement statute will be upheld as constitutional, and thus the likelihood that other states’ statutes will be struck down, thereby preserving the public’s freedom to question and criticize the safety of our food system. First, Part I offers a brief introduction to agricultural disparagement laws, their historical application, and BPI’s pending lawsuit. Next, Part II reviews the context of the enactment of agricultural disparagement laws, summarizes the common elements of these laws, and discusses ...
Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann
Pace Environmental Law Review
This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, 2014 Pace University
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett
Pace Environmental Law Review
Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal ...
Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ
Pace Environmental Law Review
CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a ...
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, 2014 University of Florida Levin College of Law
Whole-System Agricultural Certification: Using Lessons Learned From Leed To Build A Resilient Agricultural System To Adapt To Climate Change, Mary Jane Angelo, Joanna Reilly-Brown
This Article proposes a novel approach to addressing global climate change's impacts on agricultural production and food security. The climate change crisis is the most significant environmental issue facing our planet. The changes predicted to occur as the earth's climate warms include significant impacts to agriculture. At the same time that the planet is undergoing dramatic climatic changes, the global population is increasing, and economic development in many parts of the world is exerting increased demand for a greater and more diverse supply of food.
The relationship between climate change and agriculture is a close and complex one ...
Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, 2014 Boston College Law School
Making Chocolate Sweeter: How To Encourage Hershey Company To Clean Up Its Supply Chain And Eliminate Child Labor, Kathryn Manza
Boston College International and Comparative Law Review
Child labor is a complex issue that deeply permeates cocoa production in West Africa. Multinational corporations, such as Hershey Company, are often in the best position to address child labor because these human rights violations occur within their own supply chains. The U.S. legislature can encourage multi-national corporations to address child labor through mandatory public disclosure and due diligence. This mandatory disclosure may encourage multinational corporations to use fair trade certification or sponsorship programs—solutions that keep children away from hazardous occupations while still addressing the root cause of child labor, poverty.
The Department Of Agriculture's Rules Of Practice: Do They Still Serve Both The Department's And The Public's Needs?, Peter M. Davenport
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, 2014 University of Florida Levin College of Law
Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris
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 ...
Demanding Supply: The Bioenergy Farm Lease’S Critical Role In Biomass Supply Chain Optimization, A. Bryan Endres, Elise C. Scott
A. Bryan Endres
As the bioenergy industry in the U.S. expands to meet increased demands for transportation fuel under the Renewable Fuel Standard and electrical power under state Renewable Portfolio Standards, farmers will seek the ability to grow dedicated, high-yielding energy crops of a perennial nature on leased property. Given the large amount of farmland in the U.S. that is leased, such contributions will represent a significant, though currently not well understood, portion of the biofuel industry supply chain. Through the use of contracts as governance schemes, the parties to a bioenergy farm lease can navigate three key areas of such ...
Facilitating The Commons Inside Out, 2014 BLR
Facilitating The Commons Inside Out, Hanoch Dagan, Tsilly Dagan
Tel Aviv University Law Faculty Papers
Commons property is a true challenge to the law, especially in a legal context that respects individual mobility, which is key to freedom and autonomy. While a tragedy of the commons is not inevitable, the sustainability – let alone flourishing – of the commons is far from obvious either. But the rewards of the latter trajectory are critical: a successful commons property can generate significant economic benefits, due to its intrinsic advantages of economies of scale, risk-spreading, specialization, and synergy. These benefits multiply in the context of social commons property regimes that function as the loci and engines of meaningful interpersonal relationships ...
An Index Of California Regulations Affecting Rice Growers, 2014 California Polytechnic State University
An Index Of California Regulations Affecting Rice Growers, Maddie Dunlap
Agricultural Education and Communication
The purposed of this project was to identify and compile California regulations that affect rice growers. The final product was an index designed for rice growers and their representatives to be used lobbying efforts with regulators and elected officials. The index serves to illustrate the intensive regulations that rice growers face in California. Areas of focus include water quality, air quality, labor and pesticides indirectly.
Hiding The Ball: The Sidestepping Of National Pollution Discharge Elimination System Permitting Requirements By Concentrated Animal Feeding Operations, Adam S. Carlesco
Adam S Carlesco
Concentrated animal feeding operations (CAFOs) are one of the few point sources under Clean Water Act jurisdiction that are not required to meet more stringent NPDES permitting requirements. After a series of court cases, the EPA proposed rulemaking requiring the submission of information by CAFO operators to create a national database of CAFO locations and operation information, yet that rulemaking was subsequently abandoned. This paper proposes that EPA implement the proposedreporting requirements put forth in their 2010 settlement agreement with environmental petitioners.
Pride And Profit: Geographical Indications As Regional Development Tools In Australia, 2014 Southern Cross University
Pride And Profit: Geographical Indications As Regional Development Tools In Australia, William Van Caenegem, Jen A. Cleary, Peter Drahos
Journal of Economic and Social Policy
Geographical Indications (GIs) are intellectual property rights in placenames that evoke the typical qualities of agricultural products and foodstuffs that originate in particular districts. Presently, the EU is the dominant holder of protected GIs and the EU asserts that they are used extensively and effectively in EU countries as a rural and regional development tool. To date, Australia's response to GIs has largely been driven by perceptions of their impact upon trade gains and losses. Currently, Australia only has legal protection for wine-related GI's because of an agreement with the EU.
Given an increased focus on GIs internationally ...
International Economic Law And The Right To Food, 2014 SelectedWorks
International Economic Law And The Right To Food, Carmen G. Gonzalez
Carmen G. Gonzalez
This chapter examines the historic and current policies and practices that have contributed to food insecurity in the global South. It analyzes the impact of international economic law on the patterns of trade and production that perpetuate food insecurity, and recommends concrete measures that the international community might take through law and regulation to promote the fundamental human right to food. Part I provides a short introduction to the right to food framework and its implications for international trade, investment, and finance. Part II places the current food crisis in historical perspective by discussing the trade and aid policies that ...
Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, 2014 Lund University, Faculty of Law
Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, Evgenia Pavlovskaia
In the article, the issue of environmental sustainability criteria in the coffee sector is researched. Such important aspects in this topic are highlighted and discussed as reasons for the emergence of sustainability criteria for coffee and factors that make the production of coffee sustainable. Two widely used sustainability standards for coffee, the Fair Trade Coffee sustainability standard and the Utz Certified Coffee sustainability standard, are investigated more precisely. The environmental requirements of these standards in the form of environmental sustainability criteria, and mechanisms to control their fulfilment are outlined. The issue of control is separately highlighted, because it is considered ...
A Step In The Right Direction Or Side-Stepping The Issue: Is State Regulation For Factory Farming Appropriate?, 2014 Seton Hall University
A Step In The Right Direction Or Side-Stepping The Issue: Is State Regulation For Factory Farming Appropriate?, Cynthia Furmanek
Law School Student Scholarship
No abstract provided.
Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, 2014 College of William & Mary Law School
Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane
Virginia Coastal Policy Clinic
No abstract provided.
The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, 2014 Bowling Green State University
The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman
Lake Erie has experienced harmful algal blooms with increased frequency since the mid-1990s due to excess nutrients from Rivers, such as the Maumee River, and largely agricultural watersheds. Nonpoint source pollution from agriculture contributes to eutrophication, algal blooms, and the degradation of water quality. This creates stress on aquatic fauna, reduced aesthetic quality, odor, and limits of the water for usage of drinking, recreation, and industry. This research paper asks what the contributions of having access to manure application records, soil records, and information about antibiotics have on what is known about manure management and antibiotic resistance, which has been ...
Is The Turkey Halal? Genetically Modified Animal Feed Regulation Where East Meets West, 2014 Arizona Summit Law School
Is The Turkey Halal? Genetically Modified Animal Feed Regulation Where East Meets West, Jennifer E. Spreng
Jennifer E Spreng
Turkey’s Biosafety Law (2010) imposes some of the world’s most stringent restrictions on the import, release and marketing of genetically modified foodstuffs. The Biosafety Board has not approved a single food event; the Council of State has suspended approval of MON 810; Turks have endured meat and milk price spikes; herders are going bankrupt for lack of affordable feed; and importers have been arrested and prosecuted for trace contamination with unapproved GMOs. It’s a pox an all their houses: Turks want nothing do with GM foodstuffs.
The culprit? The “precautionary principle,” which authorizes taking precautions in the ...