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Cases, Regulations And Statutes, Robert P. Achenbach Jr 2018 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr

Agricultural Law Digest

No abstract provided.


Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni 2018 University of Missouri School of Law

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation ...


Agriculture And Res Ipsa Loquitur, Chad G. Marzen 2018 University of Oklahoma College of Law

Agriculture And Res Ipsa Loquitur, Chad G. Marzen

Oklahoma Law Review

No abstract provided.


A Prescription To Remedy Global Agricultural Antibiotic Resistance: An Integrated Approach, Valerie Drake 2018 University of Iowa

A Prescription To Remedy Global Agricultural Antibiotic Resistance: An Integrated Approach, Valerie Drake

University of Iowa Honors Theses

This study focuses on determining an effective public health policy strategy to address agricultural antibiotic resistance. The research examines domestic and international examples of governmental regulation, including the Food and Drug Administration’s regulatory release, Guidance for Industry #213 (FDA GFI #213), which concerns the use of antibiotics in industrial livestock farming in the United States, and the contrasting Danish policy and surveillance techniques. To determine the effectiveness of voluntary measures, this research assesses motivations leading to the creation of FDA GFI #213 by referencing specific legal disclaimers, document audience, and enforcement methods. Taking these results, the study cross-examines the ...


Feeding The Eco-Consumer, Alexia Brunet Marks 2018 University of Colorado Law School

Feeding The Eco-Consumer, Alexia Brunet Marks

Articles

There is a lot of talk about making our food system more “sustainable,” and eco-consumers — those who consider environmental sustainability as an important purchasing priority — are making themselves heard. This growing consumer segment is rapidly gaining national attention for moving more sustainable products to the market, and for its willingness to pay more for these options. However, while economists normally predict that higher prices lead profit-minded suppliers to enter a market to meet a new and growing demand, this transition is not occurring at the pace one would expect.

This Article argues that land tenure status — whether a farmer rents ...


Index To Volume 28, Agricultural Law Digest 2017 Iowa State University

Index To Volume 28, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Discounts For Co-Ownership Of Real Estate, Neil E. Harl 2017 Iowa State University

Discounts For Co-Ownership Of Real Estate, Neil E. Harl

Agricultural Law Digest

Today, discounts for co-ownership of interests in real estate are available generally and that has been the case since the late 1980s.1 Earlier cases involving undivided interests in tenancy in common were not eligible for a discount.2 The Youle case with a 12 ½ percent discount, the first case to allow a discount, was soon followed by discounts of up to 20 percent and, more recently, much larger discounts. For example, the case of Estate of Williams v. Commissioner,3 The discount allowed in that Tax Court decision for a gift of undivided interests in Florida timberland for ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Current Legal Issues Impacting Crop Production, Kristine A. Tidgren 2017 Iowa State University

Current Legal Issues Impacting Crop Production, Kristine A. Tidgren

Proceedings of the Integrated Crop Management Conference

On March 16, 2015, the Des Moines Board of Water Works Trustees (DMWW) filed a federal Clean Water Act (CWA) lawsuit agand Calhoun). The lawsuit, which was filed in the United States District Court for the Northern District of Iowa, al leged that the supervisors, in their capacity as trustees for the drainage districts. The lawsuit, among its many demands, asked the federal court to order the drainage districts to cease “all discharges of nitrate that are not authorized by an NPDES or state operating permit.”


Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. McCalib 2017 University of Michigan Law School

Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib

Michigan Law Review

In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically ...


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Unwarranted Downgrading Of “Partnerships And Partners”, Neil E. Harl 2017 Iowa State University

Unwarranted Downgrading Of “Partnerships And Partners”, Neil E. Harl

Agricultural Law Digest

The concepts of partners and partnerships have been firmly established in history from ancient times through the twentieth century but the harsh treatment by the United States Government over the past three or so decades has cast a dark shadow over the time-honored contributions that had become solidly anchored in history.1 From ancient times, the partnership has been viewed as a conduit-type entity that has provided flexible and effective service in the developing world.2


Atay V. County Of Maui, Stephanie A. George 2017 Alexander Blewett III School of Law at the University of Montana

Atay V. County Of Maui, Stephanie A. George

Public Land and Resources Law Review

As genetically engineered plants become more common, questions frequently arise regarding how the plants are regulated and who can regulate them. The Ninth Circuit attempted to answer these questions through preemption doctrine. The court left the door open for states and localities to regulate genetically engineered crops that have been deregulated by the federal government. This decision will implicate the future cultivation of genetically engineered crops, and the food industry as a whole.


Impacts Of The Food Safety Modernization Act On On-Farm Food Safety Practices For Small And Sustainable Produce Growers, Aaron Adalja, Erik Lichtenberg 2017 Cornell University School of Hotel Administration

Impacts Of The Food Safety Modernization Act On On-Farm Food Safety Practices For Small And Sustainable Produce Growers, Aaron Adalja, Erik Lichtenberg

Aaron Adalja

We use data from a national survey of fruit and vegetable growers to examine the current prevalence and cost burden of food safety practices required in the proposed Produce Rule implementing the Food Safety Modernization Act. In particular, we analyze the influence of farm size and farming practices on the probability of adopting food safety measures that would be required by the Produce Rule; and we analyze how the costs of using those food safety practices vary by farm size and farm practices. Majorities of our respondents currently employ most of the food safety practices that would be required under ...


Adoption And Coexistence Of Ge, Conventional Non-Ge, And Organic Crops, Aaron Adalja, Catherine Greene, James Hanson, Robert Ebel, Michael Barron 2017 Cornell University School of Hotel Administration

Adoption And Coexistence Of Ge, Conventional Non-Ge, And Organic Crops, Aaron Adalja, Catherine Greene, James Hanson, Robert Ebel, Michael Barron

Aaron Adalja

The adoption of genetically engineered (GE) crop varieties by U.S. farmers is widespread for major crops—94 percent of planted acres for soybeans, and 88 percent for corn in 2012 (USDA-NASS 2012). The potential exists for GE crop production to impose costs on organic and conventional non-GE production via unintended presence of GE material along the supply chain through: • Contamination of seed stock • Accidental cross-pollination • Accidental co-mingling during planting, harvesting, handling, and storing of crops (Bullock and Desquilbet 2002). Maintaining the integrity of GE-differentiated product markets relies on segregation protocols such as: • Hybrid selection and seed purity testing • Physical ...


The Two-Entity Business Model, Neil E. Harl 2017 Iowa State University

The Two-Entity Business Model, Neil E. Harl

Agricultural Law Digest

Without much doubt, one of the most difficult issues in farm estate and business planning, after the parents are either deceased or inactive, is leaving as direct heirs some of which are anticipating carrying on the farming (or ranching) operation and some of which are interested in obtaining a fair shake in terms of land ownership only.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. 2017 Iowa State University

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez 2017 American University Washington College of Law

Small Sustainability Supply: How Small Business And Lean Manufacturing Can Change Supply Chains, Carlos Lopez

Sustainable Development Law & Policy

No abstract provided.


Benefitting From Sustainable Development, Victoria Frappaolo 2017 American University Washington College of Law

Benefitting From Sustainable Development, Victoria Frappaolo

Sustainable Development Law & Policy

No abstract provided.


Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt 2017 American University Washington College of Law

Batteries Included: Incentivizing Energy Storage, Lindsay Breslau, Michael Croweak, Alan Witt

Sustainable Development Law & Policy

Distributed Energy Storage (“DES”) technologies that allow households and businesses to store substantial amounts of electricity on site are rapidly advancing and could soon have dramatic impacts on the nation’s electricity generation, transmission, and distribution markets. These technologies could provide numerous benefits, including enhanced energy security, grid stability, and greater support for renewable generation technologies, but several obstacles are slowing their adoption throughout the country. Among these obstacles are stubbornly high manufacturing costs and the potential impacts of DES development on utilities and the traditional energy regulatory framework. Fortunately, policymakers in California, New York, Hawaii, and some other states ...


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