Showing posts with label Blogs. Show all posts
Showing posts with label Blogs. Show all posts

Senate Climate Change Bill Unveiled--Passage in Doubt

Today, May 12, 2010, Senators John Kerry (MA) and Joseph Lieberman (CT) introduced their much-discussed compromise climate change bill, the American Power Act. Noticeably absent from the bill's unveiling, Republican Senator Lindsey Graham (SC), who withdrew from negotiations on the legislation after Majority Leader Harry Reid indicated the Senate may consider immigration reform before climate change.

Current speculation is that bill passage this year may be a long shot, and it appears as though Majority Leader Reid wants Kerry and Lieberman to have the sixty votes needed for passage in hand before the legislation comes to the Senate floor.

Timothy Gardner reports for Reuters that it may take a push from the White House to get to magic number sixty. The White House has promised to work to pass the bill, but will the administration fight as hard for this legislation as health care?

Gardner writes that without help from the administration the chances for the bill's passage this year are slim. Particularly when you consider it is an election year, financial reform still needs to be finished, and a Supreme Court confirmation battle is brewing. And there is immigration reform looming on the horizon.

As Juliet Eilperin reports for the Washington Post online, the bill differs from the House-passed climate bill. The legislation does aim to reduce carbon emissions by 17 percent from 2005 levels by the year 2020, but the bill does not impose a nationwide carbon cap, but instead "seeks carbon reductions from separate sectors of the economy[.]" The legislation also provides incentives for expansion in nuclear power and offshore oil drilling. Still, some like Senator Graham believe the bill has no shot of passage, in part because of the current oil leak in the Gulf of Mexico.

While the bill does allow for offshore oil drilling to continue, the legislation gives states "the right to veto offshore oil drilling in a neighboring state and opt out of drilling that would occur in waters withing 75 miles of their own shores[,]" reports Eilperin. Additionally, the bill orders the Department of Interior to conduct a study "to determine which states could be economically and environmentally affected by a spill and those states would be able to block drilling by passing a law[,]" Eilperin writes.

While much of what is in the bill has been known for sometime, reviews of the American Power Act are still coming in from various stakeholders. Eilperin reports that both BP and Shell have put out statements praising the legislation. General Electric has "voiced support for the measure[,]" but business trade associations like the US Chamber of Commerce and the National Association of Manufacturers have chosen to remain neutral so far. The position these two organizations take will have a major impact on whether GOP senators endorse the bill, or if the bill will get the sixty votes that will almost surely be needed to pass.

Meanwhile, left-leaning environmental groups are criticizing the bill as being too weak. Ultimately it comes down to the Senators sitting on the fence. Ben Geman writes in the Hill newspaper's environment and energy blog E2 Wire that Senator Kerry believes "multiple Republicans are interested in the climate and energy bill[.]" Kerry may need every senator he can get as some Democrats may oppose the bill.

To read the Gardner article in Reuters online, click here.
To read the Eilperin article in the Washington Post online, click here.
To read Andrew C. Revkin's analysis of the legislation in the New York Times online blog Dot Earth, click here.
To read Ben Geman's post on the E2 Wire Blog, click here.

Posted: 05/12/10

Pollution Suit Brought Against Perdue, Chicken Farm

Jennifer Hlad has a post on Southern Maryland online reporting that "a coalition of environmental groups" has brought a lawsuit against Perdue Farms Inc. and a Perdue contract poultry farmer, alleging the farm "illegally discharged 'harmful pollution' into the Pocomoke River.

If this lawsuit sounds familiar, it should. Since 2005, the state of Oklahoma has been involved in a case against eleven poultry companies with operations in the Illinois River watershed over the alleged pollution of the watershed. Some believe that if Oklahoma is successful in its suit, it will spawn future suits against the poultry industry using, essentially, the same argument as Oklahoma, and now the environmental groups in Maryland.

Hlad writes that in December the Assateague Coastal Trust and the Waterkeeper Alliance filed a 60-day notice of intent sue. The notice was filed after Assateague Coastkeeper Kathy Phillips conducted a water quality test on water "flowing from Hudson Farms . . . and found high levels of bacteria." Phillips claims the bacteria contained levels of fecal coliform and E.coli that exceed state limits.

The Maryland Department of Environment (MDE) has since inspected the farm. The MDE suggested that a stockpile of Class A sewage sludge be moved away from a drainage ditch. Most recently the MDE took water samples along the drainage ditch, but the samples are still being analyzed, though preliminary results showed high levels of bacteria.

Much like the case in Oklahoma, the case against Perdue has the potential to be quite contentious with serious implications for future lawsuits.

To read the Hlad post click here.

Posted: 03/04/10

Black Farmers May Head for the Hill

The Associated Press is reporting out of Little Rock, AR that the president of the National Black Farmers Association is urging his membership to lobby Congress to approve the amount appropriated in the President’s budget for settlements in black farmer discrimination suits that have been filed against the US Department of Agriculture (USDA).

As this blog has reported, and as the Huffington Post is reporting from February 5, 2010, “The Justice Department has notified the White House that a settlement is near for black farmers discriminated against by the United States Department of Agriculture. The plaintiffs in this case 80 to 90 thousand black farmers. The issue dates back to the late 1990's and the Clinton administration.”

This is where the latest budget fits in. The budget from the administration would include $1.2 billion dollars in settlement funds for black farmers. The Huffington Post reports that this would be the second time federal funds were proposed by an administration for black farmers. Previously the George W. Bush administration proposed the funding only to have it cut by Congress.

This is why the National Black Farmers Association’s John Boyd is urging members to take to the Hill by contacting their members of congress and ask that the monies be included in the federal budget this time.

To provide a little history on the issue, the Huffington Post writes,
In 1999, 14 thousand black farmers were awarded a settlement from the original lawsuit. Boyd reminds that those farmers received "62,500 a piece totaling over a billion dollars." Farmers who did not know about that initial suit were able to file claims against the United States Department of Agriculture. Now, tens of thousands of black farmers are possibly in line for the federal monies to correct the wrongs by the Agriculture Department. . . Boyd says, the issues originated from a "lawsuit in 97 [1997] for discrimination in farm lending
programs and subsidies (farm service agency USDA). The National Black Farmers Association allowed for late file lawsuits in 2008." He also believes the only way farmers will get their overdue settlement monies is if President Obama and the Democrats in Congress fight for the budget item approval.

We shall see, as the budget process unfolds, whether or not closure will be found in this lawsuit.

To read the Huffington Post piece click here.
To read the AP piece click here.
To see previous US Agricultural & Food Law and Policy Blog posts on similar stories, use the search engine function and search under the term "discrimination".

Posted: 02/08/10

Online Farmers Markets May Get Boost

Reuters is reporting on a story about a collaboration between two companies designed to make it easier for online farmers markets to make an income without increasing costs. From the Farm, Inc., America’s Online Farmers Market (Stockton, CA) announced “today the creation of revenue generating streams for Succeed Corp.`s iSpeedway of Mesa, Arizona, independent web store owners. The system works through a banner advertisement campaign tracking banner clicks generating sales at From The Farm`s Online Farmers Market, and allows independent web store owners and bloggers to share in profits from the sales. The independent web store owners and bloggers are given the opportunity to add the www.FromTheFarm.com banner ad to their website through their iSpeedway website management system.”

General Manager of FromTheFarm.com, Dean Davis, says the benefit to this system is ‘“There is no cost, programming or re-design work needed by store owners and our systems handle all accounting of generated sales for each website. Bloggers and online store owners alike will now have a way of generating revenue without any expenses [.]”’ And perhaps the effort will yield more traffic and purchases from FromTheFarm.com and drive internet traffic to other online farmers markets.

The system put together by the two companies will allow independent website owners “to generate residual income for new FromTheFarm.com customers that result from the click of a banner ad.”

To read the Reuters story click here.
To visit the From the Farm website click here.

Posted: 10/13/09

UPDATED: Biotechnology Blog

A big practice area in agricultural law is the field of biotechnology. Seed companies develop new seed varieties and producers and practitioners have to be up to date on all relevant patent laws and other intellectual property laws. For news on the area of biotechnology in agriculture, click here to view FS-BT, a blog focusing on food security and agriculture biotechnology news.

UPDATED: For a look at the legal issues faced by producers, seed companies, and others, click here to view a blog provided by Gillon & Associates in Memphis, Tennessee.

Posted: 07/26/09
Updated: 07/28/09

UPDATED: Food Safety Blogs

With recent salmonella recalls of lettuce and ground beef, food safety is always something on consumers’ minds. For a more in-depth look at food safety, check out the following blogs:
Posted: 07/26/09
UPDATED: 09/11/09

New Feature to Help Users


The United States Agricultural & Food Law and Policy Blog recently added a list of useful blogs for readers of this Blog. By clicking on the new content area "Blogs," a reader can quickly locate listings of relevant blogs broken down by content areas. Additionally, a new listing of general agricultural and food law and policy blogs has been added to the homepage of the Blog beneath the Content Areas. These new features on the Blog provide readers with quick and easy access to other site offering more information on a agricultural and food law and policy issues. If you are interested in having your blog added to our list of Related Blogs, please email agandfoodlaw@gmail.com.

Posted: 07/27/09

Sustainable Agriculture Blogs

Consumers are beginning to demand sustainable practices from farmers and ranchers in the way their food is raised. A move towards sustainability creates new issues and concerns for farmers and ranchers. For more news and information on the latest developments in sustainable agriculture, check out the following blogs:
Posted: 07/26/09

Renewable Energy Blogs

Farmers have never faced a greater time to help develop new biofuels and renewable fuels that will be used to decrease our dependence on non-renewable sources of energy. For more news and information on the developing biofuels and renewable energy areas, click here to view the following blogs:
Posted: 07/26/09

Agritourism Blog

Today, farmers and ranchers are providing urban dwellers with the opportunity to learn first hand what goes on in agriculture. When getting involved in agritourism, farmers and ranchers are faced with a myriad of liability issues and other concerns that are not witnessed in their day to day farming operations. For more information and news on agritourism issues, click here to view the North American Farmers’ Direct Marketing Association’s blog on agritourism and direct marketing news.

Posted: 07/26/09

Local Food Systems Blogs

Consumers are concerned with where their food comes from. Consumers are searching for locally grown foods, trying to reduce the environmental costs of transporting food long distances, and allowing them to have a connection with the person growing their food. For blogs focusing in on the issue of local food systems, check out the following blogs:
Posted: 07/26/09

UPDATED: International Trade Blogs

International trade in agriculture is important, as the Doha talks are showing. Countries rely on each other to provide the commodities their citizens need. For more detailed information on the developments in the international trade area, check out the following blogs:
Posted: 07/26/09
UPDATED: 07/28/09

UPDATED: International Law and Organizations Blog

The Common Agricultural Policy (CAP) of the European Union can have an impact on agriculture here in the United States. With recent talks in the EU to reform CAP could have impacts here in the United States. For more news on the CAP reform talks and other EU agricultural policy developments, click here to view CAP2020, provided by the Institute for European Environmental Policy.


UPDATED: Food Law Blog, this blog is provided for the students and alumni International Food Law Internet Certificate Program sponsored by the Institute for Food Laws & Regulations and the College of Agriculture and Natural Resources at Michigan State University.


Posted: 07/26/09
UPDATED: 07/28/09

Estate Planning and Taxation Blog

Estate planning and taxation law is already considered an important area of practice for an agricultural attorney. From properly planning for the transfer of assets upon death, to the tax implications for many business practices of farmers and ranchers, this area of law is important to farmers and ranchers. For more news in this field, click here to see a blog provided by Kopsa Otte CPAs & Advisors of Nebraska.

Posted: 07/26/09

Environmental Law Blogs

Agriculture law and environmental law are becoming increasingly intertwined. To keep up with developments in the agricultural/environmental law area, check out the following blogs.

Posted: 07/26/09

Climate Change Blog

With Congress currently debating climate change legislation and agriculture’s role in meeting the goals to reduce greenhouse gases this is a developing and changing area of agricultural law. For news focusing on agriculture and climate change, click here to view the Climate and Energy Project’s blog.

Posted: 07/26/09

Animal Welfare Blogs

Animal welfare is a hot topic in agricultural law. For more on this developing area of the law, and for more news concentrated to the topic of animal welfare, check out the following blogs.

Posted: 07/26/09

Administrative Law Blogs

Administrative Law can be a complicated area of law with new proposed rules and final rules being issued every day. A few blogs do focus on the area of administrative law, especially in the area of agricultural law. For a blog focusing on USDA’s forestry regulations of interest to the state of Maryland. Click here, to view the Maryland Forests Associations Blog.

Posted: 07/26/09