Agriculture Law Commons^™

Pesticide Regulation Differences Of The U.S., Chile, And Mexico On Imported Berries, Kayla Felicia Gardener

Agribusiness

Growing consumer demand for knowledge in the area of food safety and producer accountability on what is applied to fresh produce is resulting in a greater need for transparency in the industry. Additionally, the demand for safe, fresh produce year round has led to extensive international trade and consumers to wonder if imported produce is of the same quality of that in produced in the U.S. The study analyzes the differences and similarities between pesticide application tolerance standards, and labels for applied use on berries produced in the U.S., Mexico, and Chile. This is done by reviewing tolerance ...

A Step In The Right Direction Or Side-Stepping The Issue: Is State Regulation For Factory Farming Appropriate?, Cynthia Furmanek

Student Scholarship

No abstract provided.

Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Utica Packing Co. V. Block, 781 F.2d 71 (6th Cir. 1986), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca

Ryan G. Vacca

For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1 ...

Meat Animals, Humane Standards And Other Legal Fictions, David N. Cassuto

Pace Law Faculty Publications

Law and food are distinct concepts, though the discipline (Law and Food) implies a relationship worthy of study. The conjunction (“and”) creates meaning. However, its absence also conveys meaning. For example, “meat animal” suggests that animals can be both meat and animal. This conflation has powerful legal implications. National Meat Association v. Harris (2012) makes chillingly plain the law’s indifference to whether a meat animal is alive or dead. This essay examines the way supposedly humane federal practices ignore the systematic brutalization of “food animals” as those animals get processed into marketable flesh. It concludes with some observations about ...

Pacific Coast Agricultural Export Association V. Sunkist Growers, Inc., Edward C. Bacon

Maryland Journal of International Law

No abstract provided.

Interstate Electric Transmission Lines And States’ Rights In The Mid-Atlantic Region, James W. Moeller

Boston College Environmental Affairs Law Review

Under their traditional jurisdiction over land use, the states permit and site interstate electric power facilities that traverse their boundaries. This jurisdiction may pose an obstacle to the development of new interstate transmission facilities. For that reason, Congress enacted section 216 of the Federal Power Act, which, in limited circumstances, will preempt state law and authorize the Federal Energy Regulatory Commission to permit interstate transmission lines. The implementation of section 216, however, has been frustrated by judicial challenges in federal courts. Seven years after the enactment of section 216, FERC has yet to exercise jurisdiction over the construction of an ...

Would State-Mandated Labels For Biotech Foods Violate World Trade Agreements?, Drew L. Kershen

Drew L. Kershen

No abstract provided.

Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang

Faculty Scholarship

This briefing paper examines the agricultural secrecy granted by section 1619 of the 2008 Farm Bill, its implications for transparency and oversight, and its impact on other federal agencies such as the U.S. Environmental Protection Agency (EPA). In an era of fiscal responsibility, tight budgets, and increasing pressure on the environment, the public has a right to know whether the U.S. Department of Agriculture (USDA) is making the best decisions about how to allocate public funds.

Each year, agricultural producers in the United States receive billions of dollars in federal payments: crop subsidies, crop insurance, conservation payments, disaster ...

“Winds Of Change”: Explaining Support For Wind Energy Developments In Ontario, Canada, Chad Jr Walker

Electronic Thesis and Dissertation Repository

This thesis addresses a major gap in the wind turbine and risk assessment literatures. It explains local support for wind energy in some areas in spite of vocal opposition in others. Findings from Port Burwell and Clear Creek, Ontario indicate that social and contextual forces may help explain much of the difference in opinion between the two communities. The case study was focused through 21 in-depth interviews. The interviews were analyzed verbatim using NVIVO 9 software. The findings were found to be consistent with Kasperson’s theory of the Social Amplification of Risk and seem to explain why Port Burwell ...