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Opportunities to Address Climate Change in the Next Farm Bill [1]

11/12/2017

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By Sara Dewey, J.D. Harvard Law School '17,[2] Liz Hanson, M.P.P. Harvard Kennedy School '18,[3] & Claire Horan, J.D. Harvard Law School '18[4]
This post is part of the Environmental Law Review Syndicate. 
 
Introduction

The Farm Bill affects nearly every aspect of agriculture and forestry in the United States. Therefore, its next reauthorization offers an important opportunity to better manage the risks of climate change on farms, forests, and ranches by supporting resilience practices that also offer greenhouse gas (GHG) emission reductions.


Agriculture is vulnerable to the impacts of climate change, including rising temperatures, changes in rainfall and pest migration patterns, extreme weather events, and drought. In addition to being heavily affected by climate change, agriculture is also a significant contributor to climate change. Agricultural practices are responsible for about eight percent of U.S. GHG emissions.[5] Estimates of total food system emissions, which include the CO2 emissions from energy use and transportation, increase the agricultural industry’s proportion of U.S. GHG emissions to between 19 and 29 percent.[6]


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The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism

11/3/2017

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By Theodore McDowell*, University of Virginia School of Law, J.D. 2017
​
This post is part of the Environmental Law Review Syndicate. 
​
The California Cap-and-Trade program has been a beacon of success for market-based environmentalism. The program masterfully incorporated the lessons learned from previous cap-and-trade initiatives by more precisely allocating emission allowances and by setting higher price floors for auctions. The ambitious emissions reduction target and extensive range of gases covered by cap-and-trade have resulted in a substantial decrease in greenhouse gas emissions across the State. But the program has recently been involved in contentious litigation, with the chief concern being whether the emission regulations exceed the authority of the California Air Resource Board. The recent Morning Star Packing Company v. California Air Resources Board decision ultimately upheld the program, providing California Cap-and-Trade with a new lease on life.[1] However, with recent federal policy demonstrating a marked shift away from ecological conservationism, the survival of the nation’s best hope for free-market environmentalism still hangs in the balance.

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    About the ELRS:

    The Environmental Law Review Syndicate (ELRS) is a collaborative effort of the nation’s leading environmental law journals that provides an outlet for student scholarship and fosters academic. ELRS operates as a cooperative syndicate: each week a different student submission is selected for publication on the websites of all member law reviews. ​

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