Open Access. Powered by Scholars. Published by Universities.®

Agriculture Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2,641 Full-Text Articles 1,057 Authors 251,908 Downloads 103 Institutions

All Articles in Agriculture Law

Faceted Search

2,641 full-text articles. Page 1 of 55.

Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas 2019 University of Miami Law School

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs ...


Nebraska & Surrounding States' Agricultural Property Taxes As A Percentage Of State Net Farm Income Compared To The Us Average, J. David Aiken 2019 University of Nebraska - Lincoln

Nebraska & Surrounding States' Agricultural Property Taxes As A Percentage Of State Net Farm Income Compared To The Us Average, J. David Aiken

Presentations, Working Papers, and Gray Literature: Agricultural Economics

For the period 1950-2017, Nebraska property taxes on agricultural property as a percentage of net farm income were 146% of the US agricultural property taxes as a percentage of US net farm income.


Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen 2019 University of Maine School of Law

Advancing The Aquaculture Industry Through The Federal Crop Insurance Program, Matthew H. Bowen

Ocean and Coastal Law Journal

In recent times, the aquaculture industry has experienced dramatic growth. The growth of the industry is a direct result of an increase in demand for seafood, and a decrease in supply from wild fisheries. The industry, however, is also experiencing growing pains. Aquaculture species, compared to their wild counterparts, are at a higher risk of catastrophic loss from a variety of different perils. These perils make investment in the aquaculture industry significantly risky. The federal crop insurance program could be a tool that mitigates these risks, but the program was designed around terrestrial agriculture, and while aquaculture may be covered ...


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski 2019 University of Montana School of Law

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Solenex Llc V. Jewell, F. Aaron Rains 2019 Alexander Blewett III School of Law at the University of Montana

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister 2019 Alexander Blewett III School of Law at the University of Montana

Massachusetts Lobstermen’S Association V. Ross, Daniel Brister

Public Land & Resources Law Review

President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...


100% All Natural Ambiguity: A Comparative Approach To Food Labeling Requirements For The Term “Natural” By The Food And Drug Administration And The European Union, Andréa Maehara 2019 Washington University School of Law

100% All Natural Ambiguity: A Comparative Approach To Food Labeling Requirements For The Term “Natural” By The Food And Drug Administration And The European Union, Andréa Maehara

Washington University Global Studies Law Review

Despite being the only regulatory agency empowered to establish definitions for food product labeling, the Food and Drug Administration (FDA) has not formally defined the term “natural.” The FDA’s reluctance to fully define the term increases consumer distrustful of the FDA as a regulatory body and has also led to a dramatic increase in class action lawsuits against major food corporations. This Note will argue that the FDA should issue a formal definition in order to standardize usage of “natural” on food labeling by incorporating the European Union (EU)’s approach. First, this Note will examine the origins of ...


Incentivizing Transparency: Agricultural Benefit Corporations To Improve Consumer Trust, Kathryn Smith 2018 University of San Diego

Incentivizing Transparency: Agricultural Benefit Corporations To Improve Consumer Trust, Kathryn Smith

San Diego Law Review

In the face of inadequate, often abysmal agricultural practices and laws that enable them, producers who provide the social good of transparency should receive a benefit. Amidst the debate that all benefit corporations should qualify for special tax treatment, this Comment proposes the development of a federal benefit corporation class offering special tax treatment to worthy agricultural producers. By reallocating current agricultural subsidies, Congress can feasibly correct the agricultural industry’s failure to adequately inform consumers.


The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier 2018 Food Law International

The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier

Pace Environmental Law Review

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes ...


Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski 2018 University of Montana School of Law

Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.


Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor ...


Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western 2018 Haub School of Environment and Natural Resources and the University of Wyoming College of Law

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain ...


Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot 2018 University of Denver Sturm College of Law

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of ...


Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas 2018 Alexander Blewett III School of Law at the University of Montana

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages ...


Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson 2018 University of New Mexico School of Law

Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson

Public Land & Resources Law Review

No abstract provided.


Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic 2018 Alexander Blewett III School of Law at the University of Montana

Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic

Public Land & Resources Law Review

No abstract provided.


Center For Biological Diversity V. Zinke, Ryan Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding ...


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker 2018 Alexander Blewett III School of Law at the University of Montana

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains 2018 Alexander Blewett III School of Law at the University of Montana

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA ...


Digital Commons powered by bepress