Agriculture Law Commons^™

Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.

Maryland Law Review

No abstract provided.

Land Tenure And Sustainable Agriculture, Jesse Richardson

Law Faculty Scholarship

No abstract provided.

Corporate Agricultural Investment And The Right To Food: Addressing Disparate Protections And Promoting Rights-Consistent Outcomes, Kaitlin Y. Cordes, Anna Bulman

Columbia Center on Sustainable Investment Staff Publications

Over the past decade, the world has witnessed heightened corporate interest in large-scale land-based agricultural investment. While such investments can potentially have positive effects for local communities, they also can have wide-ranging negative impacts on human rights, including through forced displacement and the loss of livelihoods. This Article examines the impact of large-scale corporate agricultural investment on the right to food, as well as on human rights more generally. It considers the protections offered by the investment and human rights legal regimes to both corporations and individuals, including recent international developments relating to transnational corporate accountability and efforts to integrate …

Land Deals And The Law: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Land-based investments can create significant grievances for local individuals or communities, and host governments seeking to address those grievances must navigate a complicated landscape of legal obligations and pragmatic considerations. This briefing note, funded by UK aid from the Department for International Development, focuses on practical solutions for governments confronting grievances that arise from large-scale investments in agricultural or forestry projects. It accompanies a more in depth report on similar issues, entitled "Land Deal Dilemmas: Grievances, Human rights, and Investor Protections."

The briefing note considers such solutions in the context of governments’ legal obligations, particularly those imposed by international investment …

Land Deal Dilemmas: Grievances, Human Rights, And Investor Protections, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Land-based investments can create significant grievances for local individuals or communities, and host governments seeking to address those grievances must navigate a complicated landscape of legal obligations and pragmatic considerations. This report, funded by UK aid from the Department for International Development, focuses on practical solutions for governments confronting grievances that arise from large-scale investments in agricultural or forestry projects.

The report considers such solutions in the context of governments’ legal obligations, particularly those imposed by international investment law, international human rights law, and investor-state contracts. Understanding the implications of this diverse range of legal obligations is particularly important in …

Guide To Land Contracts: Agricultural Projects, International Senior Lawyers Project, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Agricultural investment contracts can be complex, with complicated provisions that are difficult to understand. This Guide provides explanations for a range of common provisions, and includes a Glossary of legal and technical terms. It assists non-lawyers in better understanding agricultural investment contracts, such as those available on the Open Land Contracts repository.

The Guide was prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment.

Transparency In Land-Based Investment: Key Questions And Next Steps, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry are often shrouded in secrecy. In many cases, they are negotiated without the involvement of affected communities, approved through opaque decision-making procedures, and governed by legal agreements that are difficult both to access and to understand. This systemic lack of transparency impedes accountability and exacerbates ongoing disagreements about the real costs and benefits for investors, host countries, and their citizens.

Jointly authored by CCSI and the Open Contracting Partnership, this briefing note examines why contract disclosure and a contracting process that is open, accessible, and inclusive are important; what such transparency entails; and how …

Recommending Transparency In Land-Based Investment: A Summary Of Relevant Guidelines And Principles, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

An emerging consensus on the need for greater transparency in land-based investment is increasingly evident across various forums. This document consolidates recommendations regarding transparency featured in guidelines and principles published by international organizations, government agencies, and multilateral or multi-stakeholder groups. Viewed together, these recommendations offer insight on the evolving narrative on transparency in land-based investment, assist stakeholders in addressing the issue of transparency, and provide an informed starting point for further analysis.

Drinking Water Protection And Agricultural Exceptionalism, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Providing safe drinking water is a basic responsibility of government. In the United States, local water utilities shoulder much of this burden, but federal drinking water law sets these utilities up to fail. The primary problem arises in the context of nonpoint source pollution, where federal drinking water law favors end-of-line clean up by water utilities over pollution prevention by farmers and other nonpoint source polluters. This system is both inefficient and unfair.

Although the Safe Drinking Water Act requires local utilities to provide safe water, it gives them few tools to engage in water pollution prevention and instead emphasizes …

2015 State Legislative Review, Malorie Sneed, Jessica Brockway

Animal Law Review

The past year’s state legislative sessions and court dockets bore witness to a wide variety of initiatives concerning animal welfare and animal issues more generally. The increasing prevalence of ag-gag bills continued in 2015, as Colorado attempted to pass a mandatory reporting bill and North Carolina passed its own ag-gag bill that applied to all businesses, not just agricultural facilities, over the governor’s veto. Animal welfare advocates had reason to celebrate this year, however, when the district court of Idaho overturned its ag-gag bill on constitutional grounds. Tennessee, in amending its “Good Samaritan” law to extend coverage to animals trapped …

Agroterrorism, Resilience, And Indoor Farming, Nathalie N. Prescott

Animal Law Review

Agroterrorism poses a significant threat to food supplies and the stability of agricultural markets. The industrialization of agricultural has substantially improved productivity and efficiency, but has also contributed to the sector’s declining resilience— the ability to withstand and adapt to stress and change. Consequently, agriculture has become increasingly vulnerable to possible agroterrorist attacks. However, by working to increase biodiversity and minimize the connected and concentrated nature of agricultural production, the industry can lower its vulnerability to attack. Indoor agriculture may be one way to accomplish this goal. This Article describes indoor agriculture, explains the concept of agroterrorism, and explores the …

Warehouse Receipts In United States Law – Summary For The Pacific-Rim, Drew L. Kershen

Faculty Articles

The Second Pacific-Rim Colloquium (January 2015) had its focus on the business structure for warehouses and warehouse receipts and discussions about creating an Electronic Warehouse Receipts (EWR) system, particularly on an “open” or a “closed” system. The Colloquium identified two legal concepts – “negotiable” and “duly negotiated” – as the ultimate goals for a functioning EWR system. However, foundations for an EWR system must be in place before legal concepts can become functionally meaningful.

Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman

Columbia Center on Sustainable Investment Staff Publications

Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.

Exploring The Link Between Food Security And Climate Change, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Our growing global population is demanding a more resource-intensive and so-called “Western” diet. And that change in demand has drastic impact on how we must change our supply.

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Seattle University Law Review

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …

Ag Gag Past, Present, And Future, Justin F. Marceau

Seattle University Law Review

While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.

The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman

Seattle University Law Review

The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …

Slides: Colorado's Water Plan, Lauren Ris

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources

23 slides

Slides: The (Largely) Untold Success Story Of Urban Water Conservation, Peter Mayer

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter Mayer, P.E., Water Demand Management

20 slides

Slides: Food Production: Technical Challenges In Agricultural Water Conservation, Perry Cabot

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Dr. Perry Cabot, Research Scientist and Extension Specialist, Colorado Water Institute, Colorado State University

35 slides

Slides: Six Decades Of Texas Water Planning, Ronald Kaiser

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University

32 slides

Slides: Ag Water Sharing: Legal Challenges And Considerations, Peter D. Nichols

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Peter D. Nichols, Esq., Partner, Berg, Hill, Greenleaf and Ruscitti, Boulder, CO

25 slides

The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan

William & Mary Environmental Law and Policy Review

For many countries, money grows on trees: woody biomass is one of the most important sources of renewable energy in the European Union. In the United States, biomass was the input for almost half of the renewable energy generated in 2000; of the energy generated by biomass, seventy-six percent was produced from wood.1 Currently, biomass is the largest source of renewable energy in the country. The ability to secure a reliable and stable supply of biomass is therefore extremely important for the future of the renewable energy industry. According to the United States Department of Energy, the success of the …

Putting A Gag On Farm Whistleblowers: The Right To Lie And The Right To Remain Silent Confront State Agricultural Protectionism, Rita-Marie Cain Reid, Amber L. Kingery

Journal of Food Law & Policy

Whistleblowers play an important role in filling gaps in government food safety systems. Unfortunately, several dominant food-producing states have pursued legislative initiatives that punish farm whistleblowers and silence investigative tactics. First, this research describes various state legislative initiatives that curb criticism of agriculture. The work analyzes the federal food safety system and how these protections limiting agricultural criticism contravene that food safety net. Further, the research analyzes the free speech concerns in the newest protectionist laws. The analysis recommends strategies and future research to improve agriculture safety and protect free speech in an evolving food safety landscape.

Navigating A Pathway Toward Colorado's Water Future: A Review And Recommendations On Colorado's Draft Water Plan, Lawrence J. Macdonnell, Colorado Water Working Group

Books, Reports, and Studies

40 pages (includes color illustrations).

Giving Slaughterhouses Glass Walls: A New Direction In Food Labeling And Animal Welfare, Zak Franklin

Animal Law Review

Modern industrial animal agriculture and consumer purchasing patterns do not match consumers' moral preferences regarding animal welfare. Cur­rent production methods infiict a great deal of harm on animals despite widespread consumer preference for meat, dairy, and eggs that come from humanely treated animals. Judging by the premium pricing and market shares of food products with moral or special labels (e.g., 'cage-free,' 'free range,' and 'organic'), many consumers are willing to pay more for less harmful products, but they are unable to determine which products match this preference. The labels placed on animal products, and the insufficient government oversight of these …

Making Agricultural Investments Work For Land Users & Communities, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Earlier this year, Liberian President Ellen Johnson Sirleaf made an unexpected commitment related to foreign investment in land and community land rights. In a meeting with communities who had raised concerns regarding a British company’s attempts to expand its palm oil production onto their customary land, the President effectively told those communities that they would have the right to say yes or no to further expansion, noting that the company could expand only with the affected communities’ approval.

Toward Win-Win Sustainable Development, Linda Moon

Columbia Center on Sustainable Investment Staff Publications

An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.

A Barren Harvest For The Developing World? Presidential "Trade Promotion Authority" And The Unfulfilled Promise Of Agriculture Negotiations In The Doha Round, Clete D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris

UF Law Faculty Publications

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 …