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Agriculture

American Anti-Vivisection Society v. United States Department of Agriculture

The D.C. Circuit held that USDA's failure to issue animal welfare standards to protect birds pursuant to the Animal Welfare Act (AWA) violated the APA. Animal rights groups argued that USDA's longstanding failure to promulgate standards...

Berner v. Montour Township Zoning Hearing Board

A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility. The farmer argued that a a local zoning ordinance setting...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Legal Pathways to Carbon-Neutral Agriculture

This Article, excerpted from Michael B. Gerrard & John C. Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), examines the agricultural strategies, practices, and...

Humane Society of the United States v. McCarthy

A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source...

Animal Legal Defense Fund v. Otter

A district court held that an Idaho "ag-gag" law that criminalizes undercover investigations of agricultural production operations violates the U.S. Constitution. Under the law, a journalist or animal rights investigator can be...

Fertilizer or Solid Waste: How Far Does RCRA Spread?

On January 14, 2015, the Eastern District of Washington held that Cow Palace Dairy, LLC, is liable under RCRA for storing, applying, and managing manure in a way that poses a substantial and imminent endangerment to public health in...

Food Security: Concept, Challenges, and the Role of Attorneys

Feeding a growing global population, estimated to reach 9.6 billion by 2050, in a changing climate without destroying our environment is one of humanity’s greatest challenges. Environmental advocates have a central role in addressing...

Resilience: The Food Policy Imperative for a Volatile Future

To sustain a growing population on a changing planet, food policies at all levels—community, regional, national, and global—must promote judicious resource use, prioritize stewardship, align with ecosystems, advance social and...

Horne v. Department of Agriculture

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against...