Agriculture Law Commons^™

Food, Freedom, Fairness, And The Family Farm, Robin M. Rotman, Sophie Mendelson

Faculty Publications

The concept of the “family farm” holds powerful sway within the American narrative, embodying both nostalgia for an imagined past and anxiety for a future perceived to be under threat. Since the founding of the United States, this cultural ideal has been invoked in support of a rosy vision of agrarian democracy while obscuring the ways in which the U.S. Department of Agriculture’s codified definition of “family farm” has unfairly aggregated advantages for the benefit of a particular kind of family (nuclear) and farmer (white, male, straight). At the same time, consumers are misled by an under-interrogated conflation of family …

Reconciling Agricultural Production And Property Rights With The Use Of Dicamba Herbicides, Terence J. Centner

Lewis & Clark Law Review

The production of food and fiber by our nation’s farmers is often dependent on using herbicides to control weed growth that can reduce crop yields. After several decades of herbicide usage, some weed species developed resistance to glyphosate and were decreasing yields. Seed and pesticide manufacturers responded to weed resistance by developing genetically engineered soybean and cotton seeds and specially formulated over-the-top (OTT) dicamba products. Commencing in 2017, OTT dicamba products were used to successfully kill glyphosate-resistant weeds. However, dicamba is a volatile herbicide, and applications of the new OTT products were accompanied by spray drift and volatilization that injured …

Trespass Plus: Ag-Gag And The Right To Exclude, Anthony B. Derron

Publications

The recent proliferation of agricultural anti-whistleblower legislation, or "ag-gag," has finally given the right to exclude the weight that property theory claims it deserves. By offering hefty fines and imprisonment to would-be agricultural trespassers, ag-gag is one of the few legal frameworks to treat the right to exclude seriously. Scholars and judges are taking notice. Given the significant environmental harms that agriculture causes – nearly one-third of all greenhouse gas emissions – and the conspicuous First Amendment concerns, it’s no wonder. But what commentators aren’t noticing is just how radical ag- gag is when compared to the legal regimes of …

Hb 1150: Freedom To Farm Act, Wyatt Bazrod, Sarah Page

Georgia State University Law Review

The Act protects agricultural facilities, agricultural operations, and forest landowners from nuisance lawsuits after two years of operation. If a facility converts to a confined animal feeding operation, the two-year time period restarts.

What’S The Beef? The Fda, Usda, And Cell-Cultured Meat, Tammi S. Etheridge

Washington and Lee Law Review

Over the past ten years, administrative law scholarship has increasingly focused on interactions between multiple agencies. As part of this trend, most scholars have called for policymakers to combine multiple agencies, rather than rely on a single agency, to solve policy problems. The literature in this area espouses the benefits of shared regulatory space. But very little of this scholarship addresses when shared jurisdiction is problematic. This is particularly concerning when an agency opts into or cedes oversight authority to another agency at will, with little regard for whether the second agency is an appropriate regulator. The case of cell-cultured …

“Over-Stressed” Vines Produce No Wines, Whereas “Under-Stressed” Vines Mass Produce: Consolidation, Anti-Competition, And The Fall Of The Family Winery, Elyse Gottschalk

University of San Francisco Law Review

No abstract provided.

Don't Bet The Farm In Litigation Before Considering Mediation: The Case For Agriculture Mediation Program Implementation, John Schmitz

Cardozo Journal of Conflict Resolution

The American farmer wears several hats throughout each day. Each is a farmer, mechanic, businessperson, chemist, accountant, and economist. An ill-timed dispute resulting in litigation can cause farmers to miss planting or harvesting, lose property, or be denied credit. Agriculture mediation provides a unique opportunity for disputes-both big and small, and centered around agriculture-to be resolved in a timely manner.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos

Public Land & Resources Law Review

The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …

China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson

Journal of Food Law & Policy

In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. …

Beyond Data Ownership, Ignacio Cofone

Cardozo Law Review

Proposals for data ownership are widely misunderstood, aim at the wrong goal, and would be self-defeating if implemented. This Article, first, shows that data ownership proposals do not argue for the bundle of ownership rights that exists over property at common law. Instead, these proposals focus on transferring rights over personal information solely through consent.

Second, this Article shows the flaws of a property approach to personal information. Such an approach magnifies well-known problems of consent in privacy law: asymmetric information, asymmetric bargaining power, and leaving out inferred data. It also creates a fatal problem: moral hazard where corporations lack …

Bahr V. Regan, Aspen B. Ward

Public Land & Resources Law Review

In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner

Cardozo International & Comparative Law Review

The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.

The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein

Brooklyn Law Review

In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …

Fixing The Business Of Food: Aligning Food Company Practices With The Sdgs, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab, Barilla Center For Food And Nutrition

Columbia Center on Sustainable Investment Staff Publications

The food sector confronts significant sustainable development challenges. It both contributes to, and suffers from, environmental degradation, especially human-induced climate change and deforestation. Although it can provide farming communities with livelihoods and incomes, it also can fuel land grabs that undermine community rights and wellbeing. The sector feeds the growing global population, but also contributes to the epidemics of obesity and metabolic diseases, while chronic malnutrition has continued to worsen in the years since adoption of the Sustainable Development Goals (SDGs).

In light of these challenges and opportunities, a number of frameworks, guidance documents, and standards have aimed to create …

A Study Of Adoption And Costs Of Nrcs Avoid, Control, And Trap (Act) Agricultural Conservation Practices In Arkansas, Samuel Edward King

Student Theses and Dissertations

The USDA NRCS provides technical and financial assistance to support farmers and landowners who implement conservation practices through land retirement and cost-share programs. We analyze NRCS cost-shared conservation activities in Arkansas to determine what has been conducted, when it occurred, and what may have led to the adoption of these conservation practices. We investigate temporal trends in conservation adoption based on changes following the 2002 Farm Bill using regression analysis and evaluate spatial hotspots at the HUC-12 watershed scale using the Getis-Ord Gi*. Results suggest that conservation adoption differs regionally by practice type and land use category, and adoptions increase …

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

New Tech, New Deal: Mining Policy Options In The Face Of New Technology, Isabelle Ramdoo, Aaron Cosbey, Jeff Geipel, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Throughout the history of mining, technological innovation has played a vital role across all cycles of mining projects. The new wave of technological adoption is a combination of evolutionary and revolutionary technologies, with an increasing focus on the latter. An acceleration in investments in disruptive technologies in recent years has seen the large-scale mining sector finally catching up with a dynamic that has already advanced in many other sectors. The reasons for this shift include more difficult geology, declining ore deposits, the need to reverse a secular decline in productivity, the need to improve safety for mine workers, a need …