Industrial Agriculture Law and Policy Center

The agricultural sector puts food on the table and, increasingly, fuel in the gas tank. Today, agricultural production often involves large-scale operations, substantial inputs of fertilizer and pesticides, and the intensive confinement of animals. Long viewed as a triumph of technology over the natural limitations placed on farmers by pests, weather, and the biology of plants and animals themselves, the agricultural sector is now also understood to impose very real social costs in the form of pollution and other undesirable impacts. Environmental safeguards have not kept pace with this sector's transformation to an industrial scale - to the contrary, environmental laws usually exempt agricultural activities. At the same time, society has encouraged high levels of agricultural production through federal taxpayer subsidies while not requiring producers to hold in check the resulting pollution.

The Environmental Law Institute's initiative on industrial agriculture explores the impacts of industrial agricultural practices on the environment, human health, community well being, and animal welfare. From field to feedlot, ELI highlights both the problems and the opportunities, analyzing the limitations of the current law and policy framework surrounding agriculture and presenting targeted, research-backed recommendations. To develop a truly sustainable food system, we will need a shared vision for the future and the right mix of public and private governance tools. ELI is working to shape that vision.

This Environmental Law Institute report recommends that large-scale commodity crop operations that opt to receive any form of federal farm subsidy, including subsidized crop insurance, be assigned responsibility for: putting in place basic measures to reduce water pollution from fertilizer runoff; and disclosing information to the public about the quantity, type, and timing of fertilizers they apply. Runoff from the production of major commodity crops such as corn, soybeans, and wheat can contribute significantly to downstream water pollution. Many farming operations already implement stewardship measures, yet nutrient pollution remains a significant national problem.

Please note: A new, updated version of this report has been accepted by and will be published as an article in the Harvard Environmental Law Review. A link to the new article will be made available here when it is completed.

Recent press on the farm subsidy report:

• “Use agriculture rules, not environmental regs to curb farm runoff -- report,” by Amanda Peterka, E&E reporter, Environment & Energy Daily, Thursday, June 28, 2012 (Copyright 2012 Environment and Energy Publishing LLC. Reprinted with permission.)
• “Institute’s Report Urges Large-Scale Farmers Receiving Subsidies to Limit Nutrient Runoff,” Daily Environmentat Report, 126 DEN A-10, July 2, 2012 (Copyright 2012 The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com. Reprinted with permission.)
• “Senators Add Conservation Requirements To Crop Insurance In Farm Bill,” Inside EPA’s Water Policy Report, Vol. 21, No. 14, July 2, 2012 (Copyright 2012 Inside Washington Publishers. Reprinted with permission.)

On September 14, 2012, ELI hosted a national teleconference on "Agriculture and Environmental Protection: The 2012 Farm Bill and Beyond," featuring expert panelists. A description of the event is here. An audio recording of the seminar is available here.

For more on ELI’s Industrial Agriculture Law and Policy Center, contact Senior Attorney Bruce Myers or Senior Attorney Linda Breggin.

ELI is developing a new website, www.industrialaglaw.org, which will serve as a resource on the latest legal and policy developments at the intersection of agriculture and the environment. This site will go live later in 2012.