Food Court

This article, focusing on produce and grain, discusses the environmental and climate change impacts of food production, processing, packaging, and distribution, which ultimately contribute to both economic and social costs. The article addresses environmental energy costs in the food supply. Figure 1 shows, for example, the significant amount of energy used in various aspects of food production, transportation, and processing. Much of this article\u27s focus will be on commodity crops. Along with wheat and rice, corn and soybeans constitute the world\u27s most popular planted and consumed crops. The United States is the leading producer of corn, growing nearly 40 percent of the world\u27s total, with more than half of that production coming from only 20 percent of U.S. corn growers. In 2008 over 85 million acres of corn and more than 75 million acres of soybeans were planted in the United States, and the crops have faced increasing demand in the world market over the past ten years as they are sources of both human and animal food.

Life Cycle Costing and Food Systems: Concepts, Trends, and Challenges of Impact Valuation

Our global food systems create pervasive environmental, social, and health impacts. Impact valuation is an emerging concept that aims to quantify all environmental, social, and health costs of food systems in an attempt to make the true cost of food more transparent. It also is designed to facilitate the transformation of global food systems. The concept of impact valuation is emerging at the same time as, and partly as a response to, calls for the development of legal mechanisms to address environmental, social, and health concerns. Information has long been understood both as a necessary precursor for regulation and as a regulatory tool in and of itself. With global supply chains and widespread impacts, data necessary to produce robust and complete impact valuation requires participation and cooperation from a variety of food system actors. New costing methods, beyond basic accounting, are necessary to incorporate the scope of impacts and stakeholders. Furthermore, there are a range of unanswered questions surrounding realizations of impact valuation methods, e.g. data sharing, international privacy, corporate transparency, limitations on valuation itself, and data collection standardization. Because of the proliferation of calls for costing tools, this article steps back and assesses the current development of impact valuation methods. In this article, we review current methods and initiatives for the implementation of food system impact valuation. We conclude that in some instances, calls for the implementation of costing have outpaced available and reliable data collection and current costing techniques. Many existing initiatives are being developed without adequate consideration of the legal challenges that hinder implementation. Finally, we conclude with a reminder that although impact valuation tools are most often sought and implemented in service of market-based tools for reform, they can also serve as a basis for robust public policies

Global Environmental Law: Food Safety & China

This article makes the case for food security law and policy as a component of global environmental law in recognition of the global economy, trade liberalization, and concerns for food safety and environmental harm. It further describes rule of law as a significant force in mitigating food safety concerns and pollution in China. Part II explores global food safety concerns in the context of United States-China relations, while Part III discusses the U.S. Food & Drug Administration\u27s on-the-ground presence in China as an example of the emergence of cooperative agreements in global environmental governance. Part IV shows how increased rule of law may mitigate environmental harm and food safety concerns in China. The article concludes by arguing that increased international cooperation on traditionally domestic issues is both likely and desirable, and it illustrates the need for increased rule of law efforts in the developing world

Climate Policy & U.S.-China Relations

The Chinese stance, that no cap on carbon emissions will ever exist no matter how high, may be a product of China\u27s belief in a cold and hard, and potentially true, reality-that global economic power is paramount and will provide the only avenue to adapt to an inevitable climate crisis, as well as achieve the milestones of superpower status, many of which they have already achieved (e.g., Olympic Games, World Expo, United Nations Security Council). While China\u27s policy remains problematic, as is United States\u27 failure to lead in the international community on the issue of climate change, China\u27s actions, while globally irresponsible, may be very reasonable if solely defined by Chinese domestic interests. The question is whether China\u27s dramatic economic rise comes with more responsibility, and what is the responsibility of the United States in light of its existing and historical economic prowess and level of energy consumption

The Dubitante Opinion

A dubitante (pronounced d[y]oo-bi-tan-tee) opinion indicates that “the judge doubted a legal point but was unwilling to state that it was wrong.” Judges rarely write dubitante opinions or use the term, and informal polling suggests not many legal scholars are aware of the practice. This short essay endeavors to shed some light on the use of the term dubitante in judicial opinions and spark discussion as to the merits of the dubitante opinion--What is a dubitante opinion? When was the term first used, and how often is the term used? Who uses it and how? What are the consequences of its use

Crafting Next Generation Eco-Label Policy

Eco-labels present a promising policy tool in the effort to achieve sustainable consumption. Many questions remain, however, about the extent to which eco-labels can contribute to sustainability efforts and how to maximize their effectiveness. This Article deploys research from evolutionary psychology, behavioral law and economics, and norm theory to offer specific insights for the design and implementation of eco-labels to enhance their influence on sustainable consumer choice. Notably, this research suggests possibilities for eco-labels to shape or expand consumer preferences for green goods, and thereby enhance eco-label influence on consumer behavior by extending it beyond eco-minded consumers. We suggest that public exposure of the label (so that people see it) and the exposure of the purchasing behavior (so that other people can see that you have bought the product) are key elements to the success of eco-labels--the social context around product purchasing may be as important as the eco-label itself. We recommend that behavioral insights be used to improve eco-labeling as traditionally understood by incorporating knowledge about behavioral tendencies into label design so as to allow for more accurate matching of consumers\u27 preexisting environmental preferences to eco-labeled goods, and develop next-generation eco-labeling policy with the potential to significantly expand the market for eco-labeled goods. Specifically, 1) Eco-labels could be purposefully designed and implemented to attract consumers motivated by social norms; 2) Eco-labels could appeal to a wider range of abstract norm alternate more broadly or locally accepted and strong abstract that are stronger and/or more broadly accepted or locally-salient; and 3) Eco-labels could highlight private, near and near-term benefits

An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation, and the Chevron Doctrine in Environmental Law

How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, and institutional variables, impact judicial review of administrative agency interpretations of environmental statutes

The Phantom Philosophy? An Empirical Investigation of Legal Interpretation

This Article tests a model of judicial decisionmaking that incorporates elements of both the attitudinal model and the legal model, along with measures of institutional and judicial background characteristics such as collegiality and trial court experience. We develop a measure of interpretive philosophy relying primarily on judicial opinions, which we code for certain indicators of traditional interpretive approaches (i.e., the use of interpretive tools). The critical question is whether judges with similar interpretive philosophies are more likely to agree with one another when deciding cases. Our general finding is that ideology and interpretive philosophy are not significant predictors of agreement. Instead, experience on the bench together is a significant predictor of agreement, supporting the conclusion that judging is more about pragmatic problem solving and maintaining a collegial work environment. While further testing of the importance of the legal model is certainly warranted, our findings suggest that at least some of the sharp interpretive disagreements among academics are not reflected in the actual business of judging

Greenwashing and Self-Declared Seafood Ecolabels

The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity, and trust. Businesses that utilize ecolabels to market the environmental performance of their seafood products often turn to third-party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own self-declared or first-party ecolabels. Seafood retailers and suppliers considering the creation and use of an ecolabel, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable Food and Drug Administration and United States Department of Agriculture labeling rules. Furthermore, entities pursuing self-declared or first-party seafood ecolabels should consult the Federal Trade Commission\u27s Green Guides, closely follow developments in greenwashing litigation under federal and state consumer protection and unfair competition laws, and heed the early advice of legal experts in the field

Food, Law & the Environment: Informational and Structural Changes for A Sustainable Food System

This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must take place--increased awareness and increased availability. This Article reiterates the need to increase the amount of information available to consumers and the consequences of food choices. It further argues that structural changes in the food system are necessary to increase access to sustainable foods by building on current efforts to increase direct marketing by famers and the number of farmers that are certified, creating better food system planning through state food policy councils and municipal planners, building on existing interests in intrastate and regional efforts supporting local food and local economies, and improving management of existing alternative agricultural distribution and production systems