Agriculture Law Commons^™

Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration but better for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each forced to interpret same, ambiguous statutory language. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The administration is for it, and …

An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills

University of the District of Columbia Law Review

Since the writing of this note, the Agricultural Improvement Act of 2018 (the "Farm Bill") was signed into law by President Trump on December 20, 2018. Thus, the note below does not account for the passage of the Farm Bill and resulting change in federal law. What follows is a brief summary of sections of the Farm Bill and its relation to hemp: The Farm Bill legalizes hemp by defining it as an agricultural commodity under federal law. Removed from this new definition of hemp, are the parts of the cannabis plant that make it illegal under the Controlled Substances …

Corn, Cows, And Climate Change: How Federal Agricultural Subsidies Enable Factory Farming And Exacerbate U.S. Greenhouse Gas Emissions, Trevor J. Smith

Washington Journal of Environmental Law & Policy

As people around the globe grapple with the realities of an ever-warming planet, Americans, too, are coping with some of the attendant consequences of climate change: severe droughts, storms, and wildfires to name just a few. In response, Americans are evaluating their personal and collective contributions to the climate crisis. Notwithstanding President Trump’s unilateral move in June 2017 to withdraw the United States from the Paris Agreement, the international community is pressing forward with comprehensive strategies to mitigate anthropogenic sources of atmospheric carbon. Despite their best efforts, however, most of these actions focus on the energy and transportation sectors while …

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …

Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran

Villanova Environmental Law Journal (1991 - )

No abstract provided.

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

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

Department of Agricultural Economics: Presentations, Working Papers, and Gray Literature

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

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

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

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 Secretary’s …

What Are We Really Eating?: An Analysis Of Food Labeling Transparency, Lily Van Petten

Fordham Undergraduate Law Review

Understanding a nutrition label can often be like deciphering ancient hieroglyphics. This Note examines the ethical and legal constraints of food nutrition labeling with specific key words such as “all-natural” and “superfood” in the United States. The subject of nutrition in the law is first explored through the 2018 lawsuit Rice v. National Beverage Corp. Many educated, nutritionally informed citizens still do not have a clear grasp of what chemicals and other synthetic ingredients they are consuming when buying popular brands. Large food companies use persuasive marketing to attract consumers, especially through misrepresenting nutritional data. In this case specifically, Lenora …

Board Of Editors

Public Land & Resources Law Review

No abstract provided.

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.

Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack

Public Land & Resources Law Review

No abstract provided.

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …