Source: UNIVERSITY OF ILLINOIS submitted to
LEGAL ISSUES AFFECTING AGRICULTURAL PRODUCTION, MARKETING AND THE ENVIRONMENT
Sponsoring Institution
National Institute of Food and Agriculture
Project Status
TERMINATED
Funding Source
HATCH
Reporting Frequency
Annual
Accession No.
0182126
Grant No.
(N/A)
Project No.
ILLU-470-309
Proposal No.
(N/A)
Multistate No.
(N/A)
Program Code
(N/A)
Project Start Date
Oct 1, 2011
Project End Date
Sep 30, 2016
Grant Year
(N/A)
Project Director
Grossman, M.
Recipient Organization
UNIVERSITY OF ILLINOIS
2001 S. Lincoln Ave.
URBANA,IL 61801
Performing Department
Agricultural & Consumer Economics
Non Technical Summary
Local, state, federal and international laws have a significant impact on agriculture. Changes in the legal environment, triggered by legislatures, administrative agencies, and state and federal courts, often have an immediate, direct and significant impact on decisions made by agricultural producers, input suppliers, and post-harvest distribution chains. Researchers in agricultural law serve not only their scholarly profession, but also the entire agricultural community (including policy makers) by prompt analysis of these developments.
Animal Health Component
0%
Research Effort Categories
Basic
45%
Applied
45%
Developmental
10%
Classification

Knowledge Area (KA)Subject of Investigation (SOI)Field of Science (FOS)Percent
6026030305030%
6026050305030%
6056030305020%
6066120305020%
Knowledge Area
602 - Business Management, Finance, and Taxation; 606 - International Trade and Development; 605 - Natural Resource and Environmental Economics;

Subject Of Investigation
6050 - Communities, areas, and regions; 6030 - The farm as an enterprise; 6120 - International economy and sectors thereof;

Field Of Science
3050 - Law;
Goals / Objectives
The objective of the proposed research is to analyze local, state, federal and selected international laws that constitute the legal environment for agriculture, evaluate their impact on agricultural production and agri-business, and the protection and conservation the environment -- land, water and other natural resources critical for agriculture and for society. Some of the specific research projects possible under this proposal include the following: a) Scholarly analysis of new federal, state and local laws, regulations and court decisions that impact agriculture and agri-business; b) Continued evaluation and analysis of emerging legal issues arising from biotechnology, renewable fuels, and other new technologies in agriculture; c) Evaluation and analysis of legal strategies (including mandatory and voluntary programs) for protecting ground and surface waters and air quality from contamination by agricultural pollutants; d) Continued investigation of agricultural land-use, preservation and conservation issues, especially in light of relevant programs in other developed and developing nations; e) Continued evaluation of agricultural laws and policies in selected nations, especially European Union and South American nations and the interrelationship of those laws with U.S. agricultural law; and f) Examination of the changing nature of contractual arrangements between farmers and input suppliers, land owners, and consumers (items that may be considered include the Uniform Commercial Code, technology use agreements, identity preservation production contracts, environmental liability implications and electronic warehouse receipts); and g) As needs develop, other specific legal issues will receive attention from the researchers.
Project Methods
The research objectives will be attained by using the library, internet-based legal databases, and other resources of the University of Illinois at Urbana-Champaign. The following procedures will be used: a) Researchers will survey and analyze local, state, and federal laws, selected international laws, international treaties, administrative regulations, and court decisions to ascertain the applicable law. b) Researchers will also survey and analyze existing theoretical and practical literature. c) Where applicable, researchers will consult with appropriate local, state, federal and international officials, as well as persons from non-governmental and private organizations. d) Using the results of the procedures outlined above, researchers will analyze the impact of legal rules on agricultural production and marketing. e) Researchers will evaluate the policy implications of the legal rules and, where relevant, propose modification and improvement. f) Researchers will disseminate research findings to policy makers, legislators, agricultural producers, and others affected by the laws.

Progress 10/01/11 to 09/30/16

Outputs
Target Audience:Target audiences include practicing lawyers and academic lawyers in the US and abroad, government regulatory agencies, farmers, processors and retail distributors of agricultural inputs and products, and private firms with agricultural interests. Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided?The projct has provided opportunities to inform and educate lawyers, producers, government regulators, and other professionals in the US and abroad. How have the results been disseminated to communities of interest?Results have been disseminated through publications and presentations, both in the US and abroad. What do you plan to do during the next reporting period to accomplish the goals? Nothing Reported

Impacts
What was accomplished under these goals? Research on land use and rural development resulted in a presentation at an international rural law conference. Research on various federal regulations regarding food and agriculture resulted in two articles in an international food law journal. Continued research on agro-biotechnology resulted ina book chapter. Research on legal and property right issues related to weed management and herbicide resistance resulted in a journalarticle and presentations to various stakeholder groups.

Publications

  • Type: Journal Articles Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. Cross-Border Ownership of Agricultural Land in the United States. Tijdschrift voor Agrarisch Recht 76:343-347.
  • Type: Journal Articles Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. Genetically Engineered Animals in the United States: The AquAdvantage Salmon. European Food and Feed Law Review 11(3):190-200.
  • Type: Journal Articles Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. Rural Development in the United States: Some Federal Programs. Tijdschrift voor Agrarisch Recht 76:66-75.
  • Type: Journal Articles Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. FDA Issues Final Rules under the 2011 Food Safety Modernization Act. European Food and Feed Law Review 11(1):63-66.
  • Type: Book Chapters Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. Genetic Technology and Food Security: A View from the United States. Chapter 9, pp. 289-332. In: R. Norer, ed., Genetic Technology and Food Safety (Switzerland: Springer International Publications).
  • Type: Conference Papers and Presentations Status: Published Year Published: 2016 Citation: Grossman, M.R. 2016. Agricultural Law and Its Sources in the United States. 14th Congreso Mundial de Derecho Agrario, UMAU, San Jose, Costa Rica, 11-14 September. pp. 87-98.
  • Type: Journal Articles Status: Published Year Published: 2016 Citation: Endres, A.B. and L.R. Schlessinger. 2016. Legal Solutions to Wicked Problems in Agriculture: Public-Private Cooperative Weed Management Structures as a Sustainable Approach to Herbicide Resistance. Texas A&M Law Review (3):827-852.


Progress 10/01/14 to 09/30/15

Outputs
Target Audience:Target audiences include practicing lawyers and academic lawyers in the US and abroad; government regulatory agencies; farmers, processors and retail distributers of agricultural products; and private firms with agricultural interests. Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided?The project has provided opportunities to inform and educate lawyers, producers, government regulators,and other professionals in the US and abroad. How have the results been disseminated to communities of interest?Results have been disseminated through publications and presentations, both in the US and abroad. What do you plan to do during the next reporting period to accomplish the goals?Research will continue in areas identified in the project goals. Publications and presentations will disseminate research results to the public.

Impacts
What was accomplished under these goals? Research on land use and rural development has resulted in a presentation at an international rural law conference. Research on federal regulation has resulted in two articles in an international food law journal. Continued research on agro-biotechnology has resulted in two book chapters that are still in press. Research on legal issues in bioenergy has resulted in several articles and presentations to various stakeholder groups.

Publications

  • Type: Journal Articles Status: Published Year Published: 2015 Citation: Grossman, M.R. 2015. Food Labels and Labeling in the United States. European Food and Feed Law Review 10(2):160-63.
  • Type: Journal Articles Status: Published Year Published: 2015 Citation: Grossman, M.R. 2015. FDA Issues Order to Ban Artificial Trans Fat by 2018. European Food and Feed Law Review 10(4):317-19.
  • Type: Conference Papers and Presentations Status: Published Year Published: 2015 Citation: Grossman, M.R. 2015. Rural Areas in the United States: Legal Framework and Implementation. XXVIII European Congress on Rural Law, Potsdam, Germany, 9-12 September 2015. 20 pp.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Scott, E.C. and A.B. Endres. 2014. Demanding Supply: Re-Envisioning the Landlord/Tenant Relationship for Optimized Perennial Energy Crop Production. Duke Environmental Law & Policy Forum (25):101-129.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Quinn, L.D., E.C. Scott, A.B. Endres, J.N. Barney, T.B. Voigt and J. McCubbins. 2014. Resolving Regulatory Uncertainty: Legislative Language for Potentially Invasive Bioenergy Feedstocks. Global Change Biology-Bioenergy DOI:10:1111/gccb.12216.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Quinn, L.D., A.B. Endres and T.B. Voigt. 2014. Why Not Harvest Existing Invaders For Bioethanol? Biological Invasions (16): 1559-1556.


Progress 10/01/13 to 09/30/14

Outputs
Target Audience: Target audiences include practicing lawyers and academic lawyers in the US and abroad, government regulatory agencies, farmers, processors and retail distributers of agricultural products, and private firms with agricultural interests. Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided? The project has provided opportunities to inform and educate lawyers and other professionals, both in the United States and abroad, as well as producers and government regulators. How have the results been disseminated to communities of interest? Results have been disseminated through publications and presentations. What do you plan to do during the next reporting period to accomplish the goals? Research will continue in areas identified in the project goals. Publications and presentations will disseminate research results to the public.

Impacts
What was accomplished under these goals? Reseach on community-support agriculture and liability for biotechnology resulted in law review publications. Research onissues of genetic technology and food security resulted in a presentation at an international comparative law meeting and a related law review publication. Research on agro-environmental issues resulted in an article in a Dutch journal. Research on current issues on food and FDA regulations resulted in several reportsin an international journal.

Publications

  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Grossman, M.R. Recent FDA regulatory measures. European Food and Feed Law Review 9(1):60-62.
  • Type: Book Chapters Status: Published Year Published: 2013 Citation: Grossman, M.R. Farmers, farmland, and conservation programs in the United States. Chapter, pp. 425-446, in Horizon 2020: Impulsando el Sector Agrario y el Medio Rural (Pablo Amat Llombart & Ester Muniz Espada, eds). Madrid, Spain: Gobierno de Espana, Ministerio de Agricultura, Alimentaci�n y Medio Ambiente.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Grossman, M.R. FDA: Labels for gluten-free food. European Food and Feed Law Review 9(5)332-34.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Grossman, M.R. FDA developments: Food Code 2013 and proposed trans fat determination. European Food and Feed Law Review 9(4):268-70.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Grossman, M.R. Genetic technology and food security. American Journal of Comparative Law 62(supp.):273-302 (2014).
  • Type: Conference Papers and Presentations Status: Published Year Published: 2014 Citation: Grossman, M.R. Genetic technology and food security. 19th Congress of the International Academy of Comparative Law, Vienna, Austria, 20-26 July 2014. 35 pages.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Grossman, M.R. Environmental law for agricultural production: The Legal framework. Tijdschrift voor Agrarisch Recht 74(1):20-30.
  • Type: Journal Articles Status: Awaiting Publication Year Published: 2014 Citation: Endres, A.B. and Schlessinger, L.R. Pollen drift: Reframing the biotechnology liability debate. Penn State Law Review 119.
  • Type: Journal Articles Status: Published Year Published: 2014 Citation: Endres, A.B. and Armstrong, R. Community supported agriculture and community labor: Constructing a new model to unite volunteers and employees. Southwestern Law Review 43: 371-396.


Progress 01/01/13 to 09/30/13

Outputs
Target Audience: Target audiences include practicing lawyers and academic lawyers in the US andabroad; government regulatory agencies; farmers, processors and retail distributers of agrcultural products; and private firms with agricultural interests. Changes/Problems: Nothing Reported What opportunities for training and professional development has the project provided? The project has provided opportunities to inform and educate lawyers and other professionals, as well as producers and government regulators. How have the results been disseminated to communities of interest? Results have been disseminated via publications and presentations. What do you plan to do during the next reporting period to accomplish the goals? Research will continue in areas identified in the project goals. Publications and presentations will disseminate research results to the public.

Impacts
What was accomplished under these goals? Research explored bioenergy, invasive species, sustainable agriculture and regulatory barriers to small-scale farming. Research on the intersection of invasive species and bioenergy resulted in several publications, presentations and extensive engagement with the policy community to improve the regulatory system. Research on sustainable agriculture and small-scale farming also resulted in several publications, presentations and assisted the farming community with framing issues for policy reform. Research on agro-environmental and conservation issues resulted in a presentation at an international conference and several publications. Research on regulation of genetically modified organisms resulted in a conference presentation. Research on emerging issues in agricultural and food law resulted in reports in an international journal.

Publications

  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Endres, A.B. Labeling Genetically Engineered Food in the United States: Suggestions for a New Approach. LAWS 2:150-168.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Endres, A.B. and R. Armstrong. Diverging Values: Community Supported Agriculture, Volunteers, and the Hegemonic Legal System. Food Studies: An Interdisciplinary Journal. 2:43-55.
  • Type: Journal Articles Status: Published Year Published: 2012 Citation: Endres, A.B. and C.E. Giffin. Necessity is the Mother, But Protection May Not Be the Father of Invention: The Limited Effect of Intellectual Property Regimes on Agricultural Innovation. Columbia Science and Technology Law Review. 14:203-253.
  • Type: Book Chapters Status: Published Year Published: 2013 Citation: Endres, A.B., L. Schlessinger and R. Armstrong. Legal and Institutional Issues in Local Food Production: Lessons from Illinois, in Local Food Systems and Activism in the Heartland: An Interdisciplinary Perspective. Common Ground Publishing. 62-76.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Endres, A.B., L.R. Schlessinger and R. Armstrong. United States Food Law Update: Shrouded by Election-Year Politics, State Initiatives and Private Lawsuits Fill in the Gaps Created by Congressional and Agency Ossification. Journal of Food Law & Policy. 9:99-134.
  • Type: Journal Articles Status: Published Year Published: 2012 Citation: Galey, M.R. and A.B Endres. Locating the Boundaries of Sustainable Agriculture. Nexus Journal of Law and Policy. 17:3-34.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Grossman, M.R. US Food and Drug Administration releases proposed food safety rules and California Proposition 37: Voters reject mandatory labeling of GM food. European Food and Feed Law Review 8(1):72-76.
  • Type: Journal Articles Status: Published Year Published: 2012 Citation: Grossman, M.R. Land, Sustainable Agriculture, and Food: A View from the United States. EU Agrarian Law 1(2):23-31.
  • Type: Conference Papers and Presentations Status: Published Year Published: 2013 Citation: Grossman, M.R. Labeling Genetically Modified Foods. 34th Annual Agricultural Law Symposium, American Agricultural Law Association, Madison, WI. 5A-2-1 to -12.
  • Type: Conference Papers and Presentations Status: Published Year Published: 2013 Citation: Grossman, M.R. Legal Framework of Environmental Law for Agricultural Production. European Congress on Rural Law, Lucerne Switzerland. 1-18.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: McCubbins, J., A.B. Endres, L.D. Quinn and J. Barney. Frayed Seams in the Patchwork Quilt of American Federalism: An Empirical Analysis of Invasive Plant Species Regulation. Environmental Law. 43:35-81.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Quinn, L.D., J. Barney, J. McCubbins, and A.B. Endres. Navigating the noxious and invasive regulatory landscape: Suggestions for improved regulation. BioScience. 63:124-131
  • Type: Other Status: Published Year Published: 2013 Citation: Grossman, M.R. Abstract. Use and Protection of Land in the Countryside, in European Council for Rural Law, L'agriculture et les exigencies du developpement durable. Paris, L'Harmattan. 533.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Grossman, M.R. Regulatory Developments: Animal Traceability and Country of Origin Labeling. European Food and Feed Law Review 8(4):279-81.
  • Type: Book Chapters Status: Published Year Published: 2013 Citation: Grossman, M.R. Land, Sustainable Agriculture, and Food: A View from the United States (Keynote address) in Legal Aspects of Sustainable Agriculture (Anna Bandlerova et al., eds). Nitra, Slovakia: Slovak University of Agriculture. 33-48.
  • Type: Journal Articles Status: Published Year Published: 2013 Citation: Endres, J., A.B. Endres and J. Stoller. Building Bio-based Supply Chains: Theoretical Perspectives on Innovative Contract Design. UCLA Journal of Environmental Law and Policy. 31:72-149.


Progress 01/01/12 to 12/31/12

Outputs
OUTPUTS: Research explored bioenergy, invasive species, sustainable agriculture and regulatory barriers to small-scale farming. Continued research on international and U.S. biotechnology law focused on policy and regulatory measures. Other research focused on U.S. and EU conservation policy and U.S. food and agricultural legislation. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law and A.B. Endres, Associate Professor of Agricultural Law. TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers in the U.S. and abroad, as well as farmers, processors and retail distributers of natural and organic products, government regulatory agencies and private firms with agricultural interests. PROJECT MODIFICATIONS: Not relevant to this project.

Impacts
Research on biotechnology regulation and bioenergy resulted in an article in a scientific journal and an invited presentation to a government agency. Research on local food and small-scale farming regulations resulted in a workshop presentation to beginning farmers, a poster for a farmer-oriented conference, and a law review article. Research on invasive species resulted in three symposium presentations and two scientific posters. Research on biotechnology resulted in two book chapters, published in Spain and Germany. Research on issues of agricultural and conservation policy resulted in a presentation at a professional meeting in Europe.

Publications

  • Quinn. L., Barney, J., McCubbins, J., Voigt, T. and Endres, A.B. 2012. Navigating the noxious and invasive regulatory landscape, or lack thereof; Suggestions for improved regulatory performance. 3rd Pan American Congress on Plants and Bioenergy (American Society of Plant Biologists), Champaign, Illinois.
  • Coleman, J., Barney, J. and Endres, A.B. 2012. GMO bioenergy: Potential risks and liabilities. American Bar Association, Agricultural Management Committee Newsletter 16:9-11.
  • Endres, A.B. 2012. An evolutionary approach to agricultural biotechnology: Litigation challenges to the regulatory and common law regimes for genetically engineered plants. 4 Northeastern University Law Journal 4:59-87.
  • Endres, A.B. and Galey, M.R. 2012. Federal preemption and animal regulation. Illinois Bar Association, Animal Law 4:1-2.
  • Endres, A.B., Armstrong, R. and Galey, M. 2012. Legal implications of volunteer work opportunities on community supported (CSA) farms. International Conference on Food Studies, Urbana, IL.
  • Endres, A.B., McCubbins, J., Quinn, L. and Barney, J. 2012. The legal and policy framework for mitigating invasive species risk in the bioenergy context. Ecological Society of America, Portland, OR.
  • Endres, A.B. and McCubbins, J.S.N.. 2012. The right to food in the United States. International Food Insecurity Workshop, Urbana, IL.
  • Endres, A.B. and Giffin, C. 2012. Hot topics in agricultural law: Developments in food, environmental, and renewable energy law. Illinois State Bar Association, Law Ed Series, Hot Topics in Agricultural Law, Bloomington, IL.
  • Endres, A.B. 2012. Federal regulation of new technologies in the bioenergy context: GMOs and noxious weeds. California Low Carbon Fuel Standard Sustainability Workgroup, Sacramento, CA.
  • Endres, A.B. 2012. Managing legal risks in the direct farm business. Farm Beginnings Workshop, Bloomington, IL.
  • Endres, A.B., Galey, M., Schlessinger, L. and Armstrong, R. 2012. Legal risk in community supported agriculture programs. University of Illinois Organic Farming Field Day, Champaign, Illinois.
  • Galey, M.R. and Endres, A.B. 2012. Locating the boundaries of sustainable agriculture. Nexus Journal of Law and Policy 17:3-34.
  • Grossman, M.R. 2011. Legal incentives and legal obstacles to diversification for farmers in the United States. European Council for Agricultural Law. Le defi de la diversification des entreprises agricoles. Paris, L'Harmattan. 349-350. (Abstract).
  • Grossman, M.R. 2011. Genetically modified crops in the United States: Federal regulation and current issues. Agricultura Transgenica y Calidad Alimentaria: Analisis de Derecho Comparado (Ana Carretero Garcia, ed). Cuenca, Spain: Ediciones de la Universidad de Castilla-La Mancha. 73-86.
  • Grossman, M.R. 2012. Genetically modified crops and their products in the United States: A review of the regulatory system. Jahrbuch des Agrarrechts, Band XI (Jose Martinez, ed). Baden-Baden, Germany: Nomos. 69-95.
  • Grossman, M.R. 2012. Land, sustainable agriculture, and food: A view from the United States. XII World Congress UMAU, Nitra, Slovakia, 5-8 June 2012. 15 pp.
  • Grossman, M.R. 2012. Preemption under the Federal Meat Inspection Act. European Food and Feed Law Review 7(2):101-105.
  • Johnson, N.R. and Endres, A.B. 2011. Small producers, big hurdles: Barriers facing producers of local foods. Hamline Journal of Public Law and Policy 32:49-122.
  • Quinn, L., Barney, J., McCubbins, J., Endres, A.B. and Voigt, T. 2012. Developing an improved regulatory regime for invasive plants in natural areas: Should they be noxious, too. Weed Science Society of America, Annual Meeting, Waikoloa, HI.
  • Quinn. L., Endres, A.B., ,Barney, J. and Voigt, T. 2012. Ecological impacts of agricultural intensification: Potential invasiveness of miscanthus. 3rd Pan American Congress on Plants and Bioenergy (American Society of Plant Biologists), Champaign, Illinois.


Progress 01/01/11 to 12/31/11

Outputs
OUTPUTS: Continued research on international and U.S. biotechnology law focused on policy and regulatory measures. Other research focused on U.S. and EU conservation policy and implications for climate change, and U.S. food and agricultural legislation. Additional research explored property rights for carbon sequestration, the use of marketing orders to ensure food safety and legal barriers to local food supply chains. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law and A.B. Endres, Associate Professor of Agricultural Law. TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers in the U.S. and abroad as well as farmers, processors and retail distributers of natural and organic products, government regulatory agencies, and private firms with agricultural interests. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
Research on climate change resulted in an article in a European environmental law journal. Research on issues of agricultural and conservation policy resulted in a law review article published in the United Kingdom, a presentation at a professional meeting and at a symposium in Europe, and a symposium in the U.S. Research on biotechnology regulation resulted in an article in a scientific journal and a presentation at a review symposium in the U.S. and in Europe. Research on local food regulations resulted in two presentations at symposiums and a law review article. Research on carbon sequestration resulted in publication of a law review article and an invited talk at a law school. Research on current events in food law resulted in publication of two law review articles and an online legal guide.

Publications

  • Endres, A.B. 2010. The surface estate and geologic carbon sequestration: Balancing efficiency concerns and public goods in property rights allocations. University of Illinois Law Review 2010:623-650.
  • Endres, A.B., Johnson, N.R. and Tarr, M.N. 2010. United States food law update: Health care reform, preemption, labeling claims and unpaid interns: The latest battles in food law. Journal of Food Law and Policy 6:311-337.
  • Endres, A.B. and Endres, J.M., Tarr, M.N. and Johnson, N. 2010. Illinois direct farm business: An internet guide to laws affecting direct farm business in Illinois. http://www.directfarmbusiness.org.
  • Endres, A.B. and Quinn, L.D. 2011. Rethinking ex ante and ex post approaches to invasive plant regulation in the bioenergy context. American Agricultural Law Association 32nd Annual Symposium.
  • Endres, A.B. and Quinn, L.D. 2011. Sustainable bioenergy: Revisiting ex ante and ex post legal approaches to ecological protection. Newcastle University School of Law Symposium: A Sustainable Countryside? Regulating New Technologies for Food, Farming and Ecology.
  • Endres, A.B. and Johnson, N.R. 2011. Hot topics in food law: Federal and state initiatives. Illinois State Bar Association. Law Ed Series, Hot Topics in Agricultural Law.
  • Endres, A.B. 2011. An evolutionary approach to agricultural biotechnology: Litigation challenges to the regulatory and common law regimes for genetically engineered plants. Northeastern University School of Law, Northeastern Law Journal Symposium.
  • Grossman, M.R. 2011. Good agricultural practice in the United States: Conservation and climate. Environmental Law Review 13(4):296-317 (2011).
  • Grossman, M.R. 2011. Climate change law in the United States: An overview. 2011(3) Ymparistojuridikka (Finnish Environmental Law Review) 14-44.
  • Grossman, M.R. 2011. Food safety modernization act. European Food and Feed Law Review 6(1):61-64.
  • Grossman, M.R. 2011. USDA proposes new regulations for animal traceability. European Food and Feed Law Review 6(5):305-307.
  • Grossman, M.R. 2011. Use and protection of land in the countryside. XVII European Congress and Colloquium of Rural Law, Bucharest, Romania, 21-24 September 2011. 16 pp.
  • Grossman, M.R. 2011. Farmland for the future: Protecting land in the countryside. Hamline University Journal of Public Law and Policy Symposium.
  • Grossman, M.R. 2007. Agriculture and the polluter pays principle. 11(3) Electronic Journal of Comparative Law. http://www.ejcl.org/113/article113-15.pdf. 66 pp.
  • Johnson, N.R. and Endres, A.B. 2011. Small farming in the age of big business: An analysis of legal hurdles facing local food producers. Hamline University School of Law, Journal of Public Law and Policy Symposium.
  • Redick, T.P. and Endres, A.B. 2011. Conservation of energy in agriculture and forestry. In: The Law of Clean Energy: Efficiency and Renewables, pp. 263-276.
  • Endres, A.B. 2011. New hope for dedicated genetically engineered bioenergy feedstocks? Global Change Biology-Bioenergy (3)DOI: 10.1111/j.1757-1707.2011.01134.x (Oct. 17, 2011).
  • Endres, A.B. and Johnson, N.R. 2011. New law will ease regulatory burdens for small food producers. AgriNews (June 2011).
  • Endres, A.B. and Johnson, N.R. 2011. Federalism and animal welfare: Court upholds California animal welfare rules. Illinois Bar Association, Animal Law 2(3):6-7.
  • Endres, A.B. and Johnson, N.R. 2011. Developing sustainable food systems: Navigating regulatory barriers to direct farm marketing. Chapman University School of Law Symposium: Food Fight! The Legal Debate over the Obesity Epidemic, Food Labeling, and the Government's Involvement in What You Eat!.
  • Endres, A.B. and N.R. Johnson. 2011. United States food law update: The FDA food safety modernization act, obesity and deceptive labeling enforcement. Journal of Food Law and Policy 7:135-168.
  • Endres, A.B. and N.R. Johnson. 2011. Integrating stakeholder roles in food production, marketing and safety systems: An evolving multi-jurisdictional approach. 26 Journal of Environmental Law and Litigation 26:29-108.


Progress 01/01/10 to 12/31/10

Outputs
OUTPUTS: Continued research on international and U.S. biotechnology law focused on regulatory measures, coexistence, and significant court decisions. Other research focused on legislation that governs mitigation of climate change, U.S. and E.U. conservation policy and its implications for climate change, and U.S. agricultural legislation. Further research explored property rights regimes for geologic carbon sequestration, regulation of carbon offset provisions for both voluntary and mandatory carbon regulation regimes and the regulation of ecosystem service payments to agricultural operations. Finally, research continued on local and organic food supply chains and regulations impacting direct farm business. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law and A.B. Endres, Assistant/Associate Professor of Agricultural Law. TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers in the U.S. and abroad, as well as farmers, processors and retail distributors of natural and organic products, government regulatory agencies and private firms with agricultural interests. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
Comparative research on agro-biotechnology resulted two chapters in a book published by Oxford University Press, one book published by Edward Elgar and one book chapter published by European Centre of Tort and Insurance law; other publications resulted from related research. Research on climate change resulted in an article in a leading comparative law journal and a report for an international meeting. Research on issues of agricultural and conservation policy resulted in a book chapter and a journal article, both published in Europe, and a presentation at a professional meeting. In additional to publications listed above, work under this project resulted in educational talks at conferences of the International Academy of Comparative Law, an international agricultural law association, the American Agricultural Law Association, and the Illinois State Bar Association. Research on food law related issues resulted in several articles and a symposium presentation. Research on carbon sequestration issues resulted in a symposium presentation.

Publications

  • Endres, A.B. 2009. Food law update: Pasteurized almonds and country of origin labeling. Journal of Food Law and Policy 5:111-125.
  • Endres, A.B. and Tarr M.N. 2009. Food law update: Food allergy labels, reaching organic equivalence, misbranding litigation and regulatory takings. Journal of Food Law and Policy 5:223-263.
  • Endres, A.B. and Tarr M.N. 2010. United States food law update: Initial food safety restructuring efforts, poultry production contract reforms and genetically engineered rice litigation. Journal of Food Law and Policy 6:103-138.
  • Endres, A.B., Johnson, S.B., Uchtmann, D.L. and Silvis, A.H. 2010. The legal needs of farmers: An analysis of the family farm legal needs survey. Montana Law Review 69:135-155.
  • Endres, A.B. 2010. Damage caused by GMOs under U.S. law in damage caused by genetically modified organisms. European Centre of Tort and Insurance Law. pp. 715-751.
  • Endres, A.B. and Johnson, S.B. 2010. Distinguishing marketing claims for grass-fed, organic, and pasture-raised livestock. Illinois Bar Association Animal Law 1(1):3.
  • Endres, A.B. and Uchtmann, D.L. 2010. Hot topics in agricultural law: An update of state and national developments. Illinois State Bar Association, Law Ed Series, Hot Topics in Agricultural Law.
  • Endres, A.B. and Johnson, N. 2010. Integrating stakeholder roles in food production, marketing and safety systems: An evolving, multi-jurisdictional approach. University of Oregon College of Law, Journal of Environmental Law and Litigation Symposium.
  • Endres, A.B. 2010. The surface estate and geologic carbon sequestration: Balancing efficiency concerns and public goods in property rights allocations. Second Annual Biofuels Law and Regulation Conference and University of Illinois Law Review Symposium.
  • Grossman, M.R. 2010. Monsanto Co. v. Geertson Seed Farms: U.S. Supreme Court decides GM alfalfa case. European Food and Feed Law Review 5(4):216-221 (reprinted in Agricultural Law Update 27(2):2-5).
  • Grossman, M.R. 2010. Diversification of farm enterprises in the United States: Legal incentives and legal obstacles. Tijdschrift voor Agrarisch Recht 70(1):4-15 (The Netherlands).
  • Grossman, M.R. 2010. Climate change and the law: U.S. National Report. 18th Congress of the International Academy of Comparative Law, Washington, DC, July. 32 pp.
  • Grossman, M.R. 2010. GMOs in the United States: Federal regulation and current issues. XI Congress of UMAU, Toledo, Spain, 8-11 June. 10 pp.
  • Grossman, M.R. 2010. Climate change and the law. American Journal of Comparative Law 58(supp):223-256.
  • Grossman, M.R. 2010. Good agricultural practices: Conservation and climate. 31st Annual Agricultural Law Symposium, American Agricultural Law Association, Omaha, NE, 7-9 October. pp. 21-3-1 to -21.
  • Grossman, M.R. 2010. Regulation of genetically modified crops and food in the United States: The federal regulatory framework, state measures, and liability in tort. Chapter 12, pp. 299-334. In: The Regulation of Genetically Modified Organisms: Comparative Approaches (Luc Bodiguel and Michael Cardwell, eds). London: Oxford University Press.
  • Grossman, M.R. 2010. Coexistence of genetically modified, conventional, and organic crops in the European Union: The community framework. Chapter 6, pp. 123-162. In: The Regulation of Genetically Modified Organisms: Comparative Approaches (Luc Bodiguel and Michael Cardwell, eds). London: Oxford University Press.
  • Grossman, M.R. 2010. Farmland and food security: Protecting agricultural land in the United States. Chapter 10, pp. 233-271. In: Governing Food Security: Law, Politics and the Right to Food (Otto Hospes and Irene Hadiprayitno, eds). Wageningen, The Netherlands: Wageningen Academic Publishers.
  • Smyth, S., Endres, A.B., Redick, T.P. and Kershen, D. 2010. Innovation and liability in biotechnology: Transnational and comparative perspectives. Edward Elgar. 224 p.


Progress 01/01/09 to 12/31/09

Outputs
OUTPUTS: Continued research on international and U.S. issues relating to agricultural biotechnology included regulatory measures, economic liability risks, intellectual property rights, and private law liability. Research also focused on food regulation and local food supply chains as part of food security planning and sustainability standards and on legal incentives and obstacles to agricultural diversification in the U.S. Other research included legal issues relating to carbon sequestration, climate change legislation and regulation of alternative energy. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law and A.B. Endres, Assistant Professor of Agricultural Law. Work under this project resulted in talks at professional development conferences for the European Council for Agricultural Law, the American Agricultural Law Association, the Illinois Bar Association, and a workshop for government officials at USDA. Work under the project also resulted in lectures by both participants to students at Wageningen University (NL). TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers in the U.S. and abroad, as well as farmers, processors and retail distributers of natural and organic products, government regulatory agencies and private firms with agricultural interests. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
Research on the regulation of agro-biotechnology resulted in a forthcoming co-authored book on the topic as well as consultations with an international development organization to devise legal regimes for lesser developed countries. Comparative research on agro-biotechnology resulted in an article published in an international law review, as well as two chapters in a forthcoming book. Research on organic agriculture assisted farmers, processors and retail distributers of natural and organic products to navigate pending legal issues. Research on environmental principles resulted in an edited book (with two authored chapters) on the applicability of the polluter pays principle to agriculture, as well as a co-authored article in a European law review on the application of the precautionary principle to GM crops and food products.

Publications

  • Grossman, M.R. 2009. The Polluter Pays Principle and Agriculture: An Introduction. Chapter 1, pp. 1-36 in Agriculture and the Polluter Pays Principle (M.R. Grossman, ed). London: British Institute of International and Comparative Law.
  • Grossman, M.R. 2009. The Polluter Pays Principle and Agriculture: An International Synthesis. Chapter 10, pp. 355-392 in Agriculture and the Polluter Pays Principle (M.R. Grossman, ed). London: British Institute of International and Comparative Law.
  • Grossman, M.R. 2009. Legal incentives and legal obstacles to diversification for farmers in the United States. XXV European Agricultural Law Congress and Colloquium, European Council for Agricultural Law, Cambridge, UK, 23-26 September, 15 pp.
  • Grossman, M.R. 2009. Protecting health, environment, and agriculture: Authorization of genetically modified crops and food in the U.S. and the E.U. Deakin Law Review 14(2): 1-48 (Australia).
  • Anker, H.T. and Grossman, M.R. 2009. Authorization of genetically modified organisms: Precaution in U.S. and E.C. law. European Food and Feed Law Review 4(1): 3-22.
  • Endres, A.B. and Uchtmann, D.L. 2008. Conserving resources and local production: Developments in Illinois agricultural law. Southern Illinois University Law Journal 31(summer): 793-826.
  • Endres, A.B., Redick, T.P. and Bligh, S. 2008. National standards for sustainable agriculture: A process update. AgriNews (December) 1p.
  • Endres, A.B. 2008. Food law update: Food safety planning, attribute labeling and the irradiation debate. Journal of Food Law and Policy 4(1): 129-154.
  • Endres, A.B. 2008. Food law update: Consumer protections and access to information: RBST, BPA, the ADA and color additives. Journal of Food Law and Policy 4(2): 262-298.
  • Endres, A.B. 2009. U.S. and Canada sign organic agriculture trade agreement. AgriNews (July) 1p.
  • Endres, A.B. 2009. Technology labeling: Food processes, products and consumer, pp. L-4-3-1 to -20. 30th Annual Meeting and Education Symposium, American Agricultural Law Association, Williamsburg, Virginia (September).
  • Endres, A.B. 2009. A whirlwind tour of agricultural law -- Including wind. 8 pp. Illinois State Bar Association, Law Ed Series, Solo and Small Firm Conference (October).
  • Endres, A.B. and Endres, J.M. 2009. Homeland security planning: What victory gardens and Fidel Castro can teach us in preparing for food crises. The U.S. Food and Drug Law Journal 64(2): 405-440.
  • Grossman, M.R. ed. 2009. Agriculture and the Polluter Pays Principle. London: British Institute of International and Comparative Law, 392 pp.


Progress 01/01/08 to 12/31/08

Outputs
OUTPUTS: Research on legal issues related to agricultural biotechnology continued, with focus on state, federal and international regulatory measures, economic liability risks, intellectual property rights, tort causes of action, and the role of precaution in U.S. and E.C. regulation. Research on coexistence of genetically modified and other crops focused on issues in both the E.C. and the U.S. Work continued on the application of the polluter pays principle in U.S. and E.C. regulation of agriculture. Research also focused on legal issues impacting organic and local food production and food supply chains. Other research focused on alternative energy regulation. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law and A.B. Endres, Assistant Professor of Agricultural Law. Work under this project resulted in talks that were part of professional development conferences for the American Agricultural Law Association, the Illinois Bar Association, and the American Bar Association, as well as an Organic Production Conference and a workshop for government officials in Tanzania. Work under the project also resulted in lectures to students and staff at Copenhagen University (DK), Newcastle Law School (UK), and Wageningen University (NL). TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers, as well as farmers, processors and retail distributers of natural and organic products, and agricultural biotechnology firms. PROJECT MODIFICATIONS: Nothing significant to report during this reporting period.

Impacts
Research on intellectual property rights resulted in a series of strategy recommendations for agro-biotechnology research entities. Research on organic agriculture assisted farmers, processors and retail distributers of natural and organic products to navigate pending legal issues. Research on agricultural biotechnology issues resulted in recommendations to agricultural firms on avoiding liability exposure due to coexistence failures. Research on genetically modified organisms resulted in a law review article and a book chapter on coexistence of genetically modified and other crops, a law review analysis of the possible use of anticipatory nuisance to prevent economic damage from genetically modified crops, and a meeting presentation on precaution in the regulation of genetically modified crops. Research on wind energy resulted in a contribution to a book published in Denmark.

Publications

  • Endres, A.B. 2008. Coexistence strategies, the common law of biotechnology and economic liability risks. Drake Journal of Agricultural Law 13(1):115-148.
  • Endres, A.B. and Redick, T.P. 2008. NEPA and the economic impacts of biotechnology on the food-feed supply chain. Biotech Briefing 5(Fall):1-4.
  • Endres, A.B., Johnson, S.B. and Uchtmann, D.L. 2008. How to find an attorney. Agricultural Law and Taxation Brief 08(2):1-6.
  • Endres, A.B. 2008. Biofuels vs. food-sustainable energy 4 pp. 16th Annual Section Fall Meeting, American Bar Association, Section of Environment, Energy, and Resources, Phoenix, Arizona (September).
  • Endres, A.B. 2008. Equivalency, imports and international organic standards, pp. T-4-1-T-4-21. 29th Annual Meeting and Education Symposium, American Agricultural Law Association, Minneapolis, Minnesota (October).
  • Endres, A.B. 2008. Law and the national organic program: Significant legal developments. 26 pp. Midwest Organic Production and Marketing Conference (January).
  • Endres, A.B. 2008. Food safety law in the United States: Recent developments. 14 pp. Illinois State Bar Association, Law Ed Series, Hot Topics in Agricultural Law (January).
  • Endres, A.B. 2008. Developments in local and organic food production. AgriNews (June) 1p.
  • Anker, H.T. and Grossman, M.R. 2008. Precaution in U.S. and E.C. authorization of GMOs: A comparison. 29th Annual Meeting and Educational Conference, American Agricultural Law Association, Minneapolis, MN, 24-25 October 2008, pp. M-5-1 to -22.
  • Endres, A.B. 2007. United States food law update. Journal of Food Law and Policy 3(1): 103-118.
  • Endres, A.B. 2007. Food law update: Labeling controversies, biotechnology litigation and the safety of imported food. Journal of Food Law and Policy 3(2): 252-282.
  • Grossman, M.R. 2007. The coexistence of GM and other crops in the European Union. Kansas Journal of Law and Public Policy 16(3):324-392.
  • Grossman, M.R. 2007. Genetically modified food and feed and the U.S. National Environmental Policy Act. European Food and Feed Law Review 3(6):373-77.
  • Grossman, M.R. 2008. Anticipatory nuisance and the prevention of environmental harm and economic loss from GMOs in the United States. Journal of Environmental Law and Practice 18:107-167.
  • Grossman, M.R. 2008. U.S. rules on noise and related issues. Chapter 9.6, pp. 222-232. In: Legal Systems and Wind Energy Law - A Comparative Perspective (H.T. Anker et al. eds, Copenhagen, DJOF Publishing).
  • Redick, T.P. and Endres, A.B. 2008. Litigating the economic impacts of biotech crops. Natural Resources and Environment 22(4):24-29.
  • Uchtmann, D.L. and Endres, A.B. 2008. Illinois grain insurance fund: Protecting farmers if an elevator fails. Agricultural Law and Taxation Brief 08(5):1-4.
  • Uchtmann, D.L., Endres, A.B. and Johnson, S.B. 2008. Grain contracts, high prices, floods and failure to deliver. Agricultural Law and Taxation Brief 08(4):1-4.
  • Uchtmann, D.L. and Endres, A.B. 2008. Illinois farm leases: Once variable cash rent option. Agricultural Law & Taxation Brief 08(3):1-8.


Progress 01/01/07 to 12/31/07

Outputs
OUTPUTS: Research on legal issues related to agricultural biotechnology continued, with focus on state, federal and international regulatory measures, economic liability risks, intellectual property rights, and tort causes of action. Research on coexistence of genetically modified and other crops focused on issues in both the European Union and the United States. Research also focused on legal issues impacting organic and local food production and food supply chains. Work continued on legal issues of animal identification and traceability. Other research focused on legal programs for protection of agricultural land, as well as agricultural policy and trade. PARTICIPANTS: M.R. Grossman, Professor and Bock Chair in Agricultural Law, A.B. Endres, Assistant Professor of Agricultural Law, D.L. Uchtmann, Professor of Agricultural Law (retired in Summer 2007). Work under this project resulted in talks that were part of professional development conferences for the American Agricultural Law Association, the European Council for Agricultural Law, the Illinois Bar Association, the American Bar Association, and an Organic Production Conference. TARGET AUDIENCES: Target audiences include practicing lawyers and academic lawyers, as well as farmers, processors and retail distributers of natural and organic products, and agricultural biotechnology firms.

Impacts
Research on intellectual property rights resulted in a series of strategy recommendations for agro-biotechnology research entities. Research on organic agriculture assisted farmers, processors and retail distributers of natural and organic products to navigate pending legal issues. Research on agricultural biotechnology issues resulted in recommendations to agricultural firms on avoiding liability exposure due to coexistence failures. Research on coexistence of genetically modified and other crops resulted in an educational presentation for lawyers and others. Research on tort remedies resulted in an analysis of the use of anticipatory nuisance to prevent economic damage from genetically modified crops, presented to agricultural lawyers and others. Research on agricultural policy and trade helped to educate European agricultural lawyers on U.S. farm policy and its relationship with the WTO and regional trade organizations.

Publications

  • Uchtmann, D.L. 2007. Should a farm lease be written and is an Illinois farm tenant protected if the lease Is oral? Agricultural Law and Taxation Briefs 2007(1):1-2 (January), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_07-01/ALTB_07-0 1.pdf.
  • Uchtmann, D.L., Endres, A.B. and Hoff, G. 2006. Energy and agriculture: Legal and tax perspectives, 97-139. Farm Income 2007 Workshop Series (December).
  • Endres, A.B. 2007. Current developments in ag law: The Illinois Recreational Use of Land and Water Areas Act. 4 pp. Illinois State Bar Association, Law Ed Series, Hot Topics in Agricultural Law, Bloomington, Illinois (January).
  • Endres, A.B. 2007. Constitutional implications of state seed saving statutes in seeds of change: Agricultural biotechnology in the 21st century. 55-70. Elsevier Press.
  • Endres, A.B. and Goldsmith, P.D. 2007. Alternative business strategies in weak intellectual property environments: A law and economics analysis of the agro-biotechnology firm's strategic dilemma. The Journal of Intellectual Property Law 14(2): 237-268 (Spring).
  • Endres, A.B. 2007. An awkward adolescence in the organics industry: Coming to terms with big organic and other legal challenges for the industry's next ten years. Drake Journal of Agricultural Law 12(1):17-59 (Spring).
  • Endres, A.B. 2007. Genetically engineered alfalfa, export markets, and the common law of biotechnology. American Bar Association, Agricultural Management Committee Newsletter 12(1):7-12 (September).
  • Endres, A.B. 2007. Biofuels and biotechnology: Coexistence, regulatory and liability issues. 8 pp. 15th Annual Section Fall Meeting, American Bar Association, Section of Environment, Energy, and Resources, Pittsburgh, Pennsylvania (September).
  • Endres, A.B. 2007. Coexistence strategies, the common law of biotechnology and economic liability risks. 19 pp. 28th Annual Meeting and Education Symposium, American Agricultural Law Association, San Diego, California (October).
  • Endres, A.B. and Gardner, J.G. 2006. Genetically engineered rice: A summary of the LL Rice 601 incident. Agricultural Law and Taxation Brief 6(4):1-7 (December).
  • Endres, A.B. 2006. The national organic program: Legal issues in the next decade. 21 pp. A Recipe for Success, 3rd Annual Organic Production Conference, Bloomington, Illinois (December).
  • Goldsmith, P.D., Endres, A.B. and Martines-Filho, J. 2007. Propriedade intelectual na agricultura: Uma visao global in boletim de pesquisa de Soja. 49-53. Fundacao MT.
  • Grossman, M.R. 2006. Animal identification and traceability under the U.S. national animal identification system. Journal of Food Law and Policy 3(2):231-315.
  • Grossman, M.R. 2007. European community legislation for traceability and labeling of genetically modified crops, food, and feed. Chapter 4, pp. 32-62 in Labeling Genetically Modified Food: The Philosophical and Legal Debate (Paul Weirich, ed.). Oxford Univ. Press.
  • Grossman, M.R. 2007. Agricultural policy, the WTO and regional equilibrium. XXIV European Agricultural Law Congress and Colloquium, European Council for Agricultural Law, Caserta (Naples), Italy, 26-29 September, 20 pp.
  • Grossman, M.R. 2007. Anticipatory nuisance and genetically modified organisms. 28th Annual Meeting and Educational Conference, American Agricultural Law Association, San Diego, CA, 19-20 October, pp. 2-1 to -23.
  • Uchtmann, D.L. 2007. American Agricultural Law Association: Past, present and future. Drake J. Agric. L. 12:1-16.
  • Uchtmann, D.L. 2007. Farm leases: Drafting, implications and regulation. 39pp. 7th Annual Farm Estate Planning and Business Conference, Illinois Institute for Continuing Legal Education, Springfield, Illinois (14 September).
  • Uchtmann, D.L. 2007. Farm owner's death: Can tenant continue farming under the lease? Agricultural Law and Taxation Briefs 2007(4):1-3 (June), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_07-04/ALTB_07-0 4.pdf.
  • Uchtmann, D.L. 2007. Protecting a farm tenant's right to compensation for improvements made to the leased farm in Illinois. Agricultural Law and Taxation Briefs 2007(3):1-2 (April), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_07-03/ALTB_07-0 3.pdf.
  • Uchtmann, D.L. 2007. Minimum wage increasing in Illinois but ag exemption is unchanged. Agricultural Law and Taxation Briefs 2007(5):1-2 (July), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_07-05/ALTB_07-0 5.pdf.


Progress 01/01/06 to 12/31/06

Outputs
Research on the polluter pays principle and agriculture continues, and resulted in a law review article and an invited presentation at an international conference. Research on traceability of animals focused on BSE and the development of the National Animal Identification System and resulted in a presentation at a national agricultural law meeting. Research on legal issues related to biotechnology continued, with a focus on coexistence, nuisance, negligence and the economic loss doctrine, intellectual property rights and state, federal and international regulatory measures. Research on organic food production resulted in a presentation at a national agricultural law meting.

Impacts
Research on the polluter pays principle, published in a law review article, informed U.S. legal scholars and others about application of the principle to agricultural pollution. Presentation of research at an international comparative law meeting helped international legal scholars to understand differences in application of principle in Europe and North America. Reserach on BSE and animal traceability informed agricultural lawyers about regulatory efforts to protect human and animal health and legal issues connected with plants to adopt a national animal identification system. Research on agricultural biotechnology issues resulted in a presentation with recommendations to state directors of agriculture regarding coexistence measures and a law review article to inform legal scholars. Research on intellectual property rights resulted in strategy recommendations for international biotechnology firms.

Publications

  • Endres, A.B. 2006. Organics coming of age: Legal issues facing the organics industry in the next decade, 28 pp. 27th Annual Meeting and Education Symposium, American Agricultural Law Association, Savannah, Georgia (October).
  • Endres, A.B. 2006. Current liability debates in the U.S. and E.U., 23 pp. Workshop on Peaceful Coexistence in the Marketplace, National Association of State Departments of Agriculture/Pew Initiative on Food and Biotechnology, Boulder. Colorado (February).
  • Endres, A.B. and Redick, T.P. 2006. Agricultural regulatory update - EPA seeks CAFO rule comment and states preempt establishment of GM-free zones. American Bar Association, Agricultural Management Committee Newsletter 10(2):2-7 (February).
  • Endres, A.B. and Gardner, J.G. 2006. Coexistence failures and damage control: An initial look at genetically engineered rice. Illinois State Bar Association, Agricultural Law 16(2):1-4 (November).
  • Endres, A.B. 2006. Regulating the liabilities of agricultural biotechnology (Book Review). Agricultural Economics, 34(2006): 118-119 (January).
  • Endres, A.B. 2006. Coexistence strategies in a biotech world: Exploring statutory grower protections. Missouri Environmental Law and Policy Review 13(3):206-240 (Summer).
  • Endres, A.B. 2006. The WTO's interim decision in the U.S.-E.U. biotech dispute: A limited, precautionary ruling. Agri News (May).
  • Grossman, M.R. 2006. Agriculture and the polluter pays principle: An introduction. Oklahoma Law Review 59(1):1-51.
  • Grossman, M.R. 2006. Legal instruments for rural development. In The Amsterdam Papers, pp. 271-87 (Den Haag: Koninklijke Vermande, Reeks Agrarisch Recht 13).
  • Grossman, M.R. 2006. General report: Agriculture and the polluter pays principle. 53pp. XVIIth Congress of the International Academy of Comparative Law, Utrecht, The Netherlands (July), available at http://www2.law.uu.nl/priv/AIDC/index1.asp
  • Grossman, M.R. 2006. Animal traceability: Background and issues. American Agricultural Law Association, 27th Annual Meeting and Educational Conference, pp. N-2-1 to 24. Savannah GA (October).
  • Uchtmann, D.L., Endres, A.B. and Hoff, G.J. 2006. Energy and agriculture-tax and legal perspectives, 42 pp. Farm Income 2007: A Workshop Addressing Decision Making Challenges in a Risky Environment (5 presentations in Illinois during December, 2006).
  • Uchtmann, D.L. 2006. Common law liability for economic loss, 18 pp. Proceedings of the Sixth Biotechnology Roundtable Sponsored by the American Bar Association Section of Environment, Energy, and Resources. p. 115 - 132 (St. Louis, Mo., June 27 2006).
  • Uchtmann, D.L. 2006. Is your lease compatible with your division of USDA farm program payments between landlord and tenant? Agricultural Law and Taxation Briefs 2006(1):1-2 (May), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_06-01/ALTB_06-0 1.pdf.
  • Uchtmann, D.L. and Garwood, B.P. 2006. Accessing federal statutes and regulations from the GPO website. Agricultural Law and Taxation Briefs 2006(2):1-4 (July), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_06-02/ALTB_06-0 2.pdf.
  • Uchtmann, D.L. 2006. The Illinois drainage code - accessing and using the statute. Agricultural Law and Taxation Briefs 2006(3):1-2 (November), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_06-03/ALTB_06-0 3.pdf.


Progress 01/01/05 to 12/31/05

Outputs
Research on legal issues related to agricultural biotechnology continued, with focus on state, federal and international regulatory measures, intellectual property rights, and seed purity; this research resulted in several publications and presentations. Research on land use issues included premises liability and the recreational use of land. Research on legal issues related to farm leasing helped landowners and operators make better decisions about lease revisions. Research on regulation of livestock facilities continued, with focus on local regulation and nuisance law. Research on environmental principles resulted in a meeting presentation on the polluter pays principle and its application to agriculture.

Impacts
Research on liability issues helped landowners make decisions about allowing others to use their lands for recreational purposes and helped Illinois legislators develop amendments to the Illinois Recreational Use Act. Research on seed purity resulted in recommendations to revise seed purity laws at the state and federal level. Research on cross compliance and conservation in U.S. farm programs informed European lawyers about U.S. policies through a presentation at an international meeting and publication in an Italian journal. Research on traceability and labeling for GMOs under EC law informed U.S. lawyers, philosophers, and others about significant international policy differences.

Publications

  • Uchtmann, D.L., Endres, A.B. and Hoff, G.J. 2005. Illinois' big ten (11) issues in agricultural law and taxation, 40 pp. Farm Income 2006: A Workshop Addressing Decision Making Challenges in a Risky Environment (5 presentations in Illinois, December).
  • Uchtmann, D.L. and Garwood, B.P. 2005. A Farmdoc users' guide for accessing legislative information from the Illinois General Assembly website. Agricultural Law and Taxation Briefs 2005(3):1-4 (November), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_05-03/ALTB_05-0 3.pdf.
  • Endres, A.B. 2005. Revising seed purity laws to account for the adventitious presence of genetically modified varieties: A first step toward coexistence. Journal of Food Law and Policy 1:131-163.
  • Endres, A.B. 2005. Statutory grower protections in a biotech world. 24 pp. 26th Annual Meeting and Educational Conference, American Agricultural Law Association, Kansas City, Missouri (October).
  • Endres, A.B. 2005. Revising seed purity laws for successful identity preserved production. American Bar Association, Agricultural Management Committee Newsletter 10(2).
  • Endres, A.B. 2005. State biotech preemption statutes. American Bar Association, Agricultural Management Committee Newsletter 10(2).
  • Endres, A.B. 2005. Risk management strategies for identity preserved grain exports. Agricultural Law 15(2):1-2 (September) (Ag Law Section Council Newsletter, Ill. State Bar Assoc.).
  • Endres, A.B. 2005. Tort liability. 14 pp. Chapter 6S of the 2005 Supplement to Illinois Law and Agribusiness - 2001, Ill. Inst. for Continuing Legal Education.
  • Endres, A.B. 2005. Focus on biotechnology - Farmer liability for commingled biotech crop shipments. Agri News (March).
  • Endres, A.B. 2005. Key considerations in managing farm owner/operator risks and liability. 17 pp. Illinois State Bar Association, Law Ed Series, Agricultural Law Update-2005, Bloomington, Illinois (January).
  • Endres, A.B. and Uchtmann, D.L. 2005. The latest twist on the Illinois recreational use of land and water areas act: Clamping down on landowner immunities. Southern Illinois University Law Journal 29:579-603).
  • Endres, A.B. and Uchtmann, D.L. 2005. New recreational use act rules for Illinois landowner liability: Two steps forward, one step back. Agricultural Law and Taxation Briefs 2005(2):1-4 (November), http://www.farmdoc.uiuc.edu/legal/articles/ALTBs/ALTB_05-02/ALTB_05-0 2.pdf.
  • Goldsmith, P.D. and Endres, A.B. 2005. Soybean intellectual property and R&D incentives: Strategic implications and prescription for a post-modern agriculture. 20 pp. Federal Reserve Bank of Chicago, Ag. Biotech and Midwest Rural Development Conference (September).
  • Grossman, M.R. 2005. Agriculture and the polluter pays principle: An introduction. 26th Annual Meeting and Educational Conference, pp. J-1-1 to J-1-25. American Agricultural Law Association, Kansas City (October).
  • Grossman, M.R. 2005. Commodity programs, cross compliance and conservation in United States agricultural legislation. Agricoltura-Istituzioni-Mercati: Rivista di Diritto Agroalimentare e dell'Ambiente 2005(x):39-59 (Italy).
  • Grossman, M.R. 2005. The consequences of agricultural legislation on exploitation and rural property: Report for the United States. 15 pp. XIII European Agricultural Law Congress and Colloquium, European Council for Agricultural Law, Roros, Norway (March).
  • Grossman, M.R. 2005. Traceability and labeling of genetically modified crops, food, and feed in the European Union. Journal of Food Law and Policy 1:43-85.
  • Grossman, M.R. 2005. Review of Terence J. Centner, empty pastures: Confined animals and the transformation of the rural landscape (Urbana: Univ. of Illinois Press, 2004). 22 Land Use Policy (UK) 22:279-80.
  • Meints, P.A. and Uchtmann, D.L. 2005. Farm leases. 24 pp. Chapter 4S of the 2005 Supplement to Illinois Law and Agribusiness - 2001, Ill. Inst. for Continuing Legal Education.
  • Uchtmann, D.L. 2005. Crop insurance: A tool for managing Your farmer-clients' risk. Agricultural Law 15(3):3 (November) (Ag. Law Section Council Newsletter, Ill. State Bar Assoc.).
  • Uchtmann, D.L. 2005. Farmer as employer. 5 pp. Chapter 10S of the 2005 Supplement to Illinois Law and Agribusiness - 2001, Ill. Inst. for Continuing Legal Education (2005).
  • Uchtmann, D. L. 2005. Hot topics for farmers and agribusinesses in 2005. 44 pp. 5th Annual Advising Farmers and Agribusiness Conference, Illinois Institute for Continuing Legal Education, Springfield, Illinois (8 September).
  • Uchtmann, D.L. 2005. 2005 legislation amends criminal trespass and aggravated battery statutes. Agricultural Law 15(3):2 (November) (Ag. Law Section Council Newsletter, Ill. State Bar Assoc.).
  • Uchtmann, D.L. 2005. The written lease in agriculture. 21 pp. Illinois State Bar Association Law Education Series, Bloomington, Illinois (28 January).
  • Uchtmann, D.L. and Endres, A.B. 2005. Biotechnology and specialty crops. 11 pp. Chapter 11S of the 2005 Supplement to Illinois Law and Agribusiness - 2001, Ill. Inst. for Continuing Legal Education.
  • Uchtmann, D.L., Endres, A.B. and Hoff, G.J. 2004. Land and recreational use liability and section 1031 farmland exchanges. 51 pp. Farm Income 2005: A Workshop Addressing Decision Making Challenges in a Risky Environment (5 presentations in Illinois, December).


Progress 01/01/04 to 12/31/04

Outputs
Research on legal issues related to agricultural biotechnology continued, with focus on federal and state regulatory measures, EU regulation, common-law liability, intellectual property rights, and seed purity. Research, under a C-FAR SRI, on regulation of livestock facilities focused on state regulation of air emissions and resulted in a presentation at a professional meeting and a law review article. Research on the land use issues included examination of premises liability, fence law, agricultural drainage law and the recreational use of land.

Impacts
Research on state regulation of livestock facilities resulted in recommendations for types of regulatory measures to reduce air emissions. Research on the recreational use of land and premises liability resulted in recommendations for an amendment to the Illinois statute. Research on liability resulted in guidance and tools used by U.S. farmers to make claims in the $110,000,000 Non-StarLink Farmers Liability Litigation settlement and to account to their share landlords.

Publications

  • Endres, A.B. 2004. State authorized seed saving: Political pressure and constitutional restraints. Drake Journal of Agricultural Law 9:xxx-xxx (2004).
  • Endres, A.B. 2004. A closer look at the Hall v. Henn decision and its impact. Illinois Rural Policy Digest 2(3):6-8 (Spring).
  • Endres, A.B. 2004. Illinois Supreme Court narrows scope of landowner protection under the Illinois Recreational Use Act. Agricultural Law 13(4):1-3 (April).
  • Endres, A.B. 2004 Genetically modified varieties and a new look at U.S. seed laws. 15 pp. 25th Annual Meeting and Educational Conference, American Agricultural Law Association, Des Moines, Iowa (1-2 October).
  • Endres, J.M. and Grossman, M.R. 2004. Air emissions from animal feeding operations: Can state rules help? Penn State Environmental Law Review 13:xxx-xxx (2004).
  • Endres, J.M. and Grossman, M.R. 2004. Air emissions from animal feeding operations: Can state rules help? 18 pp. 25th Annual Meeting and Educational Conference, American Agricultural Law Association, Des Moines, Iowa (1-2 October).
  • Grossman, M.R., Centner, T.J. and Hall, P.K. 2004. Liability of U.S. farmers for pesticide use, livestock production, and genetically modified crops. Agrarisch recht (NL) 64(5):275-291.
  • Grossman, M.R. 2004. Legal responsibility for genetically modified crops in the U.S. Prodotti Agricoli e Sicurezza Alimentare, vol. 2, pp. 207-226. Milano: Giuffre Editore.
  • Grossman, M.R. 2004. European regulation of GMOs: Traceability and labeling. 19 pp. 25th Annual Meeting and Educational Conference, American Agricultural Law Association, Des Moines, Iowa (1-2 October).
  • Grossman, M.R. 2004. U.S. agricultural lawyers participate in CEDR Congress. Agricultural Law Update 21(4):3 (Mar.).
  • Uchtmann, D.L. 2004. Agricultural biotechnology regulation: The Pew Initiative and its stakeholder forum. Drake Journal of Agricultural Law 9:53-77 (2004).
  • Uchtmann, D.L. and Endres, A.B. 2004. Recreational use of land and liability risk: Is new legislation needed? Illinois Rural Policy Digest 2(3):1-5 (Spring).
  • Uchtmann, D.L. and Endres, A.B. 2004. Non-StarLink farmers litigation: Accounting to share landlords and others with an interest in the crop. Agricultural Law and Taxation Briefs 2004(13):1-4 (October).
  • Uchtmann, D.L. and Hoff, G.J. 2004. Non-StarLink farmer litigation: Where is my settlement? How much is it? What do I do when it arrives? How is it taxed? Agricultural Law and Taxation Briefs 2004(12):1-3 (November).
  • Uchtmann, D.L. 2004. October 31 is notice deadline for many farm leases. Agricultural Law and Taxation Briefs 2004(11):1-3 (July).
  • Uchtmann, D.L. and Endres, A.B. 2004. Liability risk and recreational use of land after Hall v. Henn: Illinois landowners beware. Agricultural Law and Taxation Briefs 2004(10):1-6 (May).
  • Uchtmann, D.L. 2004. StarLink: Final deficiency notices sent with April 26, 2004 deadline for response. Agricultural Law and Taxation Briefs 2004(9):1-2 (April).
  • Uchtmann, D.L. and Endres, A.B. 2004. Hot topics for farmers and agribusinesses in 2004. 34 pp. 4th Annual Advising Farmers and Agribusiness Conference, Illinois Institute for Continuing Legal Education, Springfield, Illinois (10 September).


Progress 01/01/03 to 12/31/03

Outputs
Research continued on the regulatory system for agricultural biotechnology and on public confidence in that regulatory system, as well as on potential liability of biotech companies and producers under common-law nuisance principles. Research on multifunctionality in agriculture resulted in two chapters and a co-edited book on trade published in December 2003. Research on regulation of livestock facilities under a C-FAR SRI focused on federal and state laws that govern wastes and odor. Related research as part of a 16-member National Research Council committee resulted in a final report that advised U.S. EPA and USDA on current knowledge and future research needs on air emissions from livestock facilities. Additional research also identified new Illinois laws that may have significant effects on agricultural producers.

Impacts
Research and education on deficiencies in the Illinois Grain Code contributed to enactment of Illinois Grain Code Amendments in 2003 that provide more protection to farmers in the event of grain elevator failure and create new assessments to make the indemnity fund financially solvent. Research and education related to the Non-StarLink Farmer Litigation assisted thousands of farmers in Illinois and around the nation in filing claims in the court-approved settlement of the class action suit. The publication of a co-edited book on agriculture and international trade provides timely information on agricultural trade issues to international policymakers, lawyers, economists, and others during a period of significant trade negotiations.

Publications

  • Uchtmann, D.L. 2003. Pew initiative on food and biotechnology: Addressing legal and policy issues in agricultural biotechnology. Presented at 24th Educational Symposium of Am. Agricultural Law Assoc., San Antonio, Texas, October 2003.
  • Uchtmann, D.L. 2003. Hot topics for farmers and agribusinesses in 2003. In: Representing Farmers and Agribusinesses in 2003 (Ill. Inst. for Continuing Legal Education): pp. 6.1-6.32.
  • Uchtmann, D.L. 2003. Contemporary legal issues in agricultural biotechnology. Materials for Ill. State Bar Assoc. Law Ed Series Law of the Prairie (Supplement). pp. 1-12.
  • Uchtmann, D.L. 2003. Illinois grain code amendments: Counseling farmers, lenders, or grain dealers and warehouses. ISBA Agricultural Law Section Newsletter 13(2):1-4.
  • Uchtmann, D.L. 2003. Counseling farmers about saving round-up ready beans for seed. ISBA Agricultural Law Section Newsletter 12(5):1-4.
  • Uchtmann, D.L. 2003. Agricultural biotechnology: Regulatory issues and public confidence in the regulatory system. Ill. Rural Policy Digest 2(1):1-3.
  • Uchtmann, D.L. 2003. Filing deadline extended to July 31: How to file claims for compensation from the non-Starlink farmer's class action settlement. Available at http://www.farmdoc.uiuc.edu/legal/pdfs/Instructions03-0604.pdf.
  • Uchtmann, D.L. 2003. Starlink: What if you received a notice that your claim is deficient. Available at http://www.farmdoc.uiuc.edu/legal/pdfs/StarlinkDeficiencyNotice.pdf.
  • Uchtmann, D.L. and Endres, A.B. 2003. The revised Illinois grain code: New assessments on farmers and lenders. Available at http://www.farmdoc.uiuc.edu/legal/index.html.
  • Uchtmann, D.L. and Endres, A.B. 2003. The revised Illinois grain code: Greater protection to farmers and lenders if a grain elevator fails. Available at http://www.farmdoc.uiuc.edu/legal/index.html.
  • Uchtmann, D.L. and Grossman, M.R. 2002. A tribute to a pioneer: Professor Harold (Hank) W. Hannah, Agricultural Law Update 19(12):1-2, 6-7.
  • Cardwell, M.N., Grossman, M.R. and Rodgers, C.P. 2003. Agriculture and International Trade: Law, Policy, and the WTO. Oxon, United Kingdom: CAB International.
  • Hagenstein, P.R. 2003. Air emissions from animal feeding operations: Current knowledge, future needs. Washington, DC: National Academies Press.
  • Grossman, M.R. 2003. Genetically modified crops in the United States: Federal regulation and state tort liability. Environmental Law Review (UK) 5:86-108.
  • Grossman, M.R. 2003. The Uruguay round agreement on agriculture and domestic support. Chap. 2, pp. 27-47, in Agriculture and International Trade: Law, Policy and the WTO (Cardwell, M.N., Grossman, M.R. and Rodgers, C.P. eds.). Oxon, United Kingdom: CAB International.
  • Grossman, M.R. 2003. Multifunctionality and non-trade concerns. Chap. 5, pp. 85-129. In: Agriculture and International Trade: Law, Policy and the WTO (Cardwell, M.N., Grossman, M.R. and Rodgers, C.P. eds.). Oxon, United Kingdom: CAB International.
  • Grossman, M.R. 2002. Viability and types of rural industries. Droit et Espace Rural, vol. 2, pp. 347-366 (Luc Bodiguel, ed.). France: l'Harmattan.
  • Grossman, M.R. 2003. Legal issues of livestock odor and waste management. Pork Industry Conference: Swine Odor and Manure Management. Urbana, Illinois, 11-12 December 2003, pp. 316-331.


Progress 01/01/02 to 12/31/02

Outputs
Continued research on multifunctionality in agriculture, in light of WTO negotiations, resulted in two chapters and co-editorship of a book scheduled for publication in 2003. Research continued under a C-FAR SRI on regulation of livestock waste and odor, resulting in updates to an educational website and work on an article. Related research as part of a 16-member National Research Council committee resulted in a published interim report and a final report (in press). Additional research focused on legal issues on agricultural biotechnology, with particular emphasis on federal regulation and potential tort liability of producers and seed companies. This work resulted in two invited papers at international meetings, two law review articles, and several continuing legal education programs. Another invited law review article will be published in the United Kingdom in 2003. Continuing research on the regulation of grain elevators and the impacts of elevator failure resulted in outreach programs reaching producers, elevator owners, and state legislators.

Impacts
Research on federal regulation of genetically modified crops and potential state tort liability has helped international lawyers and attorneys in the United States better understand the regulatory and tort systems affecting GMOs in the U.S. This research has also helped producers better understand liability issues and adjust their conduct to reduce the likelihood that the planting of genetically engineered crops in the U.S. will adversely affect export markets for U.S. grain.

Publications

  • Grossman, M.R., Endres, J.M., Endres, A.B. and Garwood, S. 2002. How environmental regulation affects livestock producers in Illinois. Educational website, updated in 2002 and available at www.outreach.uiuc.edu/livestock/SOWM/regs.
  • Uchtmann, D.L. and Grossman, M.R. 2002. A tribute to Professor Harold (Hank) W. Hannah, ISBA Agricultural Law Section Newsletter 11(3):4-6.
  • Uchtmann, D.L. 2002. StarLink: A case study of agricultural biotechnology regulation. Drake Journal of Agricultural Law 7:159-211.
  • Uchtmann, D.L. 2002. Legal issues in biotechnology: A farmer's perspective. Materials for Ill. State Bar Assoc. Law Ed Series Law of the Prairie. pp. 153-171.
  • Uchtmann, D.L. 2002. Hot topics for farmers and agribusinesses in 2002. In: Representing Farmers and Agribusinesses in 2002 (Ill. Inst. for Continuing Legal Education): p. 5.1-5.31.
  • Uchtmann, D.L. 2002. Recent developments in the law of biotechnology. Agricultural Law. ISBA Agricultural Law Section Newsletter 12(3):6-7.
  • Uchtmann, D.L. 2002. Can farmers save Roundup Ready beans for seed? McFarling and Trantham Cases Say No. Agricultural Law Update 19(11):3-7.
  • Uchtmann, D.L. 2002. Agricultural law and taxation website 2002. Educational Website, updated in 2002 and available at www.farmdoc.uiuc.edu/legal/index.html.
  • Hagenstein, P.R. Et Al. [NRC Committee on Air Emissions from Animal Feeding Operations]. 2002. The scientific basis for estimating emissions from animal feeding operations: Interim report. Washington, D.C: National Academy Press.
  • Grossman, M.R. 2002. Biotechnology, property rights, and the environment. American Journal of Comparative Law 50 (Supp):215-248.
  • Grossman, M.R. 2002. Genetically modified crops in the U.S.: Federal regulation and state tort liability. Presented at VII Congresso Mondiale di Diritto Agrario, UMAU, Pisa & Siena, Italy, November 2002.
  • Grossman, M.R. 2002. U.S. report: Biotechnology, property rights, and environment. Presented at 16th International Congress of Comparative Law, Brisbane, Australia, July 2002.


Progress 01/01/01 to 12/31/01

Outputs
Research, supported in part (Sept. 2000-Jan. 2001) by a Fulbright grant, continued on application of environmental principles to agriculture in the E.U. Further research on multifunctionality in agricultural trade, in light of the WTO negotiations, resulted in an invited paper delivered at an international agricultural trade conference (National Agricultural Library, May 2001) and an invited talk at the educational conference of the American Agricultural Law Association. Other research focused on legal mechanisms that affect the viability and types of rural industries in the U.S., and resulted in an invited talk at an international agricultural law meeting in Helsinki, Finland. Research continued on legal issues related to agricultural biotechnology, including those raised by the discovery of StarLink in human food. Another biotechnology research focus was applicability of principles of nuisance and zoning to govern use of GMOs. Research continued under a C-FAR SRI on regulation of livestock waste and odor in the U.S. and in several countries in Europe. In part, this work resulted in updates to an educational website focused on Illinois and U.S. regulation of livestock operations. Illinois amended its landlord's lien statute and Uniform Commercial Code, effective 1 July 2001, thereby affecting the landowner's legal procedure for collecting farmland rent. Research focused on how the statutory changes would affect management strategies and was followed by education programs for the practicing bar and farmland owners. The largest elevator failure in Illinois history brought renewed interest in the Illinois Grain Code and its Grain Insurance Fund. Research was conducted on the lessons policy makers and farmers could learn from the elevator failure, and educational efforts focused on producers and the strategies they could follow to receive protection from the Illinois Grain Code.

Impacts
Research on regulation of GMOs has helped Illinois citizens to understand the U.S. regulatory system for biotechnology and its application in specific cases. Research results on biotechnology in agriculture were conveyed to lawyers and others through an educational session entitled "Contemporary Legal and Policy Issues in Agricultural Biotechnology" presented at the October 2001 Educational Conference of the American Agricultural Law Association. Research on multifunctionality has helped lawyers and others understand WTO Member country positions on national support to encourage the multifunctionality of agriculture.

Publications

  • UCHTMANN, D.L. 2002. The StarLink saga: A case study of agricultural biotechnology regulation. Drake J. of Agr. Law 7:__ [pre-publication manuscript available at http://www.farmdoc.uiuc.edu/legal/ starlink_related_table.html (45 pages)].
  • MEINTS, P.A., UCHTMANN, D.L. and EHRNWALD, D. 2001. Farm leases. In: Illinois Law and Agribusiness (Ill. Inst. for Continuing Legal Education):4.1-4.129.
  • UCHTMANN, D.L. 2001. Farmer as employer. In: Representing Farmers and Agribusinesses in 2001 (Ill. Inst. for Continuing Legal Education):10.1-10.24 (adapted from a 1987 Chapter in IICLE, Advising Farmers).
  • UCHTMANN, D.L. 2001. Biotechnology and speciality crops. In: Representing Farmers and Agribusinesses in 2001 (Ill. Inst. for Continuing Legal Education):11.1-11.25.
  • UCHTMANN, D.L. 2001. GMO and production contracts: Liability issues, theories and planning. Materials for Ill. State Bar Assoc. Law Ed. Series Agricultural Law and Taxation. pp. 110-135.
  • UCHTMANN, D.L. 2001. Hot topics for farmers and agribusinesses. In: Representing Farmers and Agribusinesses in 2001 (Ill. Inst. for Continuing Legal Education): p. 5.1-5.34.
  • UCHTMANN, D.L. 2001. StarLink: Farmer and elevator claims for economic losses. At: http://www.farmdoc.uiuc.edu/legal/starlink_related_table.html.
  • UCHTMANN, D.L. 2001. Illinois grain insurance fund can protect farmers from grain elevator bankruptcy. At: http://www.farmdoc.uiuc.edu/legal/sell_grains.html.
  • UCHTMANN, D.L. 2001. Securing agricultural rent payments in Illinois. At: http://www.farmdoc.uiuc.edu/legal/securingAg_rent__table.html.
  • UCHTMANN, D.L. and PARR, C. 2001. Child labor law. At http://www.farmdoc.uiuc.edu/legal/childLabor_law_table.html.
  • UCHTMANN, D. L. and PARR, C. 2001. Minimum wage and employment taxes. At http://www.farmdoc.uiuc.edu/legal/minWage_empyTax_table.html.
  • GROSSMAN, M.R. 2001. Multifunctionality and non-trade concerns in agricultural trade. American Agricultural Law Association, 22nd Ann. Mtg and Ed. Conf. C1:1-21.
  • GROSSMAN, M.R. 2001. Commission II. Report for the United States. XXI. European Agricultural Law Congress of the CEDR, Helsinki, available at http://www.maaseutuoikeudenseura.fi/txt/II pct 20USA pct 20Grossman.doc.
  • GROSSMAN, M.R. 2001. Abstract, U.S. Report. XXI European Agricultural Law Congress and Colloquium of the CEDR. Abstracts. 16.
  • GROSSMAN, M.R., ENDRES, J.M., ENDRES, A.B. and GARWOOD, S. 2001. How environmental regulation affects livestock production in Illinois (Updated in 2001 and available at http://www.outreach.uiuc.edu/livestock/SOWM/regs/).


Progress 01/01/00 to 12/31/00

Outputs
Research focused on the legal regulation of Genetically Modified Organisms in the U.S. and in the European Union. This research resulted in two peer-reviewed journal articles, one national conference presentation, and numerous other popular articles and presentaions. Research continued on legal issues in livestock waste and odor management. This work resulted in an educational website, as well as an article focused on regulation of nitrates from agriculture in the E.U. Livestock waste research continues, with focus on U.S. and E.U. regulation. Also, research continued on legal aspects of pesticide drift. A paper on this topic was presented at a state conference of specialiy crop growers. Further research, supported in part by a Fulbright grant, concerns application of environmental principles (e.g., the polluter pays principle and the precautionary principle) to agriculture in the E.U. Other research focuses on the issue of multifunctionality in agricultural trade, in light of the upcoming WTO negotiations, and on other issues in agricultural law.

Impacts
Regarding biotechnology, thousands of Illinois citizens better understand the strengths of the U.S. system of regulating biotechnology. Policy makers can better understand how the regulatory system in the U.S. differs from the European system, and can better understand ways in which the U.S. system can be improved. Regarding legal issues in lifestock waste, farmers across the nation better understand their responsibilities under the regulatory system for livestock waste. Generally, farmers, their legal advisors, and policy makers are better equiped to address various legal issues in agriculture.

Publications

  • Grossman, M.R. 2000. Nitrates from agriculture in Europe: The E.C. nitrates directive and its implementation in England. Boston Col. Environmental Affairs L.R. 27:567-629.
  • Grossman, M.R. 2000. Leasehold interests and the separation of ownership and control in U.S. farmland. Chapter 6 in Property and Values, Geisler and Daneker, eds. Island Press. 119-148.
  • Grossman, M.R. and Endres, A.B. 2000. Regulation of genetically modified crops in the European Union. American Ag. Law Assoc. 21st Ann. Mtg. and Ed. Conf. E4:1-19.
  • Grossman, M.R. and Endres,A.B. 2000. Regulation of genetically modified organisms in the European Union. American Behavioral Scientist. 44:378-434.
  • Grossman, M.R. 2000. C.E.D.R. - An American perspective. Bulletin of the Agricultural Law Association, United Kingdom. 19:8.
  • Grossman, M.R., Endres, J. and Endres, A.B. 2000. How environmental regulation affects livestock production in Illinois. Educational website (updated in 2000 and located at http://www.outreach.uiuc.edu/livestock/SOWM/regs/topics/index1.htm).
  • Grossman, M.R. 1999. Nitrates from agriculture in the European Union. American Ag. Law Assoc., 20th Annual Mtg. and Ed. Conf. L2:1-27.
  • Uchtmann, D. 2000. Regulating foods derived from genetically engineered crops. Ag. Law Update. 199:3-7.
  • Uchtmann, D. and Nelson, G. 2000. U.S. regulatory oversight of food and agricultural biotechnology. American Behavioral Scientist. 44:350-377.
  • Uchtmann, D. and Moose, S. 2000. Commercializing StarLink corn: A working paper chronology of U.S. regulaton. Educational Web Site (http://web.aces.uiuc.edu/farm.doc/legal/starlink_table.html). 1-11.
  • Uchtmann, D. 2000. Illinois Grain Insurance Fund can protect farmers from grain elevator bankruptcy. Educational Web Site (http://web.aces.uiuc.edu/farm.doc/legal/sell_grains_text.html). 1-2.
  • Uchtmann, D. 2000. Legal aspects of herbicide drift. Proceedings of the 2000 Illinois Specialty Crop Conference. 2000:1-4.


Progress 01/01/99 to 12/31/99

Outputs
This project has only been active a few months and the early stages of our research are currently underway.

Impacts
(N/A)

Publications

  • No publications reported this period