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Agriculture and the Environment

 

 

Resources and Updates

Farmer plowing a field
Websites
 
General Legal Resources
 

 

Agricultural Law Resources

 

  • USDA, NRCS, ACEP 

 

 

 

 

 

 

 

Conservation Programs
Documents & Links

 

Note that additional climate change updates are posted under Chapter XI Food and Agriculture​.

Tracking Trump Administration Environmental Actions​

The Trump administration has been aggressively rolling back environmental enforcement and downsizing the EPA. Many of these actions are not directly focused on agriculture but nevertheless have related significance. For example, the administrator of the EPA, Lee Zeldin announced his intentions:

 

 

The following environmental law trackers provide helpful general information: 

Harvard's Regulatory Tracker, Harvard Environmental & Energy Law Program, Harvard Law School

Harvard's Federal Environmental Justice Tracker, Harvard Environmental & Energy Law Program, Harvard Law School

New York Times Climate Tracker

Litigation Tracker, Just Security (Environment as topic selection)

Media Reports on Environmental Executive Orders and Actions

From PBS Newshour, Lisa Dejardins, Trump's Day 1 Executive Actions:

From the Associated Press, Bill Barlow, Everything Trump Did in the First Executive Orders and Actions of his Presidency (Jan. 22, 2025) (section on Climate, Energy and the Environment) (consider donating to the AP)

  • Withdraw the U.S. from the Paris climate agreement, which committed nations to pursue policies limiting carbon emissions that cause climate change. The order blocks transfer of U.S. funds previously obligated to the International Climate Finance Plan.

  • Declare a “national energy emergency.” This is both a symbolic measure reflecting Trump’s promise of energy expansion but also specifically urges federal use of eminent domain and the Defense Production Act, measures that allow the government to commandeer private land and resources to produce goods deemed to be a national necessity.

  • Compel the Army Corps of Engineers to use “to the fullest extent possible” its emergency permitting provisions to speed energy projects and urge all agencies to use similar emergency procedures that expedite or bypass permitting processes under the Endangered Species Act or other federal laws that protect wildlife.

  • Eliminate Biden policies intended to encourage electrical vehicle development and purchases — part of Trump’s effort to limit non-fossil fuel energy sectors.

  • Require all agencies within 30 days to submit to the White House Office of Management and Budget their plans to eliminate regulations and rules deemed “burdensome” to domestic energy production and consumption, “with particular attention to oil, natural gas, coal, hydropower, biofuels, critical mineral, and nuclear energy.”

  • Repeal multiple Biden orders and memoranda regarding climate change, including guidelines for implementing climate-related provisions of the Inflation Reduction Act of 2022; an effort to assess financial risks of not combating climate change; and establishment of a President’s Council of Advisors on Science and Technology.

  • Streamline other fossil fuel extraction in Alaska with a command to “rescind, revoke, revise, amend, defer or grant exemptions from any and all” regulatory actions relevant in the state. Specifically, Trump is restoring any suspended fossil fuel leases within the Arctic National Wildlife Refuge.

  • Deny a pending U.S. Fish and Wildlife Service request to create an indigenous sacred site within the Arctic National Wildlife Refuge.

  • Restore first Trump administration rules on hunting and trapping in national preserves in Alaska. Order the Interior Department to align federal rules on hunting and fishing in Alaska with rules for state-government lands.

  • Roll back other Biden era limits or regulations on fossil fuel extraction on federal lands.

  • Make the Outer Continental Shelf ineligible for wind energy leases — another limitation on non-fossil fuel development.

  • Reengage a legal and regulatory battle with California state government over water routes from the Sacramento-San Joaquin Delta. Trump wants to override fish and wildlife protection efforts to route more of the water to the Central Valley and Southern California.

Conservation Funding:

February 20, 2025: USDA says it will release $20 million of frozen farmer funds, Reuters (Feb. 20, 2024). The USDA announced that it will release approximately $20 million in conservation contract funding.This funding relates to contracts previously entered into by farmers and the USDA. Withholding this funding was not permitted under a federal court order. The USDA announcement indicates that this is the "first tranche" of funding paused by the administration and that its review of other funding continues, despite the court order. See, U.S. Judge says Trump administration violated order lifting spending freeze, Reuters (Feb. 10, 2025).

February 18, 2025:  There is considerable fear and uncertainty among farmers and rural communities as aid that they depend on is withheld, contracts are placed on hold for review, and markets are lost​. Trump administration actions up to this point have not been good for farmers or the farm economy. The following news segment explains.

See also:  Letter from President of Farmers Union, Trump’s funding freeze leaves American farmers like me out in the cold, Rob Larew (Feb. 16, 2023)

The National Farmers Union is collecting information from farmers who have contracts with the USDA that are not being honored or program benefits that have been frozen or denied. Please pass this collection website on to farmers and ranchers effected. Anonymous posting is an option. 

Concentrated Animal Feeding Operations (CAFOs)

Pesticides
  • Court Order requiring the Fish & Wildlife Service to complete consultations for review of the pesticides carbaryl, atrazine, simazine, chlorpyrifos, and diazinon under the Endangered Species Act, Center for Biological Diversity v. FWS, No. CV-22-00090-TUC-JCH, D.C. Arizona (Mar. 12, 2025).

  • EPA Announces Path Forward on Chemical Reviews (Mar. 10, 2025)

  • Petition for Rulemaking to EPA from Republican Attorneys General to block state and local laws requiring labeling and packaging on pesticides (directed at glyphosate warnings and "failure to warn" litigation) (Aug. 7, 2024); the EPA accepted public comments until Feb 20, 2025.

  • The presence of the pesticide chlorpyrifos residue in food has been in controversy for years, with litigation in both the 8th and 9th Circuit Courts of Appeal. The Biden administration proposed a rule to revoke food tolerance levels for chlorpyrifos in some foods but allowing a tolerance for 11 food and feed crops. See EPA Announcement and explanation (Dec. 2, 2024). See also, EPA webpage, Chlorpyrifos.

 
Waters of the United States (WOTUS)

 
Christopher Kelley
CAFO Regulation & Litigation

Recognizing the importance of these issues, a specialized course in Agriculture & the Environment is one of the required courses in the LL.M. Program in Agricultural & Food Law at the University of Arkansas School of Law. This course is taught by the leading agricultural law professor, Christopher Kelley and is available to both degree seeking and non-degree students.

Field corn
Farmer spraying pesticides
General Resources
Pesticides
Waters of the U.S.

2010 - present

2010 - present

 

 

 

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