Environmental Law for Agricultural Production: The Legal Framework
prof. dr. Margaret Rosso Grossman*
1. Agriculture in the US National Legal Structure
The United States developed as an agrarian nation, but the Framers of the US Constitution, adopted in 1787, included no special provisions for agriculture. Indeed, the Constitution and its Amendments make no reference to agriculture. Producers and others involved in the agriculture industry, of course, enjoy the same constitutional rights and protections as other citizens.
Federal and state statutes and regulations govern both individual producers and agriculture as
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an industry, just as they govern other individuals and businesses. In addition, both the US Congress and state legislatures have enacted laws that apply specifically to agriculture. Federal law are codified in the United States Code,1 and each state has its own statutory codification. Legal principles of common law, established in court decisions, govern many agricultural issues, including contract and tort claims. Farmers, like others, are subject to common law tort suits to redress harm, including environmental damage, to persons or property.
The US Congress regularly enacts the federal Farm Bill, which authorizes various commodity programs (payments, loans, and other benefits), conservation programs, rural development, disaster assistance, agricultural research, nutrition, and other programs.2 Other federal statutes govern specialized aspects of agriculture, including packers and stockyards, livestock slaughter, meat and poultry inspection, organic production, plant protection, farmland protection, specific commodities, pesticides, and many other activities.3 Federal regulations, promulgated by administrative agencies (for example, the US Department of Agriculture, the US Environmental Protection Agency), implement statutory provisions. They are published for public comment in the Federal Register and codified in the Code of Federal Regulations.4
States enact statutes and promulgate regulations that apply within state borders. The ‘police power’ allows state regulation to protect and maintain public health, safety, morals, and general welfare. States often delegate police power authority to subdivisions like counties and municipalities. Although the doctrine of preemption5 applies to prevent state regulation in some areas regulated by federal law,6 states have broad authority to enact laws that affect agriculture and the environment.
The complex judicial system in the US gives no preference to agriculture and provides no specialized courts for agriculture. Agricultural disputes, like other cases, are heard in the appropriate federal or state trial court, and trial court judgments may be appealed. In fact, with a few exceptions, US courts do not normally specialize in agriculture or other areas.7
The jurisdiction of federal courts includes cases that raise federal questions (defined as ‘civil actions arising under the Constitution, laws, or treaties of the United States’8) and cases between parties with diversity of citizenship (that is, when plaintiff and defendant are citizens of different states).9 Cases that involve issues under federal agricultural or environmental legislation, for example, may be filed in federal court. Each of the 50 States has its own court system. State courts have general jurisdiction and can decide any case properly filed. State statutes or common law often governs questions related to agriculture -- issues of land use or farm nuisance, for example.
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