Hostname: page-component-78c5997874-g7gxr Total loading time: 0 Render date: 2024-11-02T20:03:27.118Z Has data issue: false hasContentIssue false
  • English
  • Français

The Natural Environment as an Object of Public Health Law: Addressing Health Outcomes of Climate Change through Intersections with Environmental and Agricultural Law

Published online by Cambridge University Press:  27 January 2021

Jill Krueger  and
Betsy Lawton
Get access Rights & Permissions [Opens in a new window]

Abstract

The power to change the natural environment has received relatively little attention in public health law, yet is a core concern within environmental and agricultural law. Examples from environmental and agricultural law may inform efforts to change the natural environment in order to reduce the health impacts of climate change. Public health lawyers who attend to the natural environment may succeed in elevating health concerns within the environmental and agricultural law spheres, while gaining new tools for their public health law toolbox.

Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 48 , Issue 4: Climate Change and the Legal, Ethical, and Health Issues Facing Healthcare and Public Health Systems , Winter 2020 , pp. 664 - 680
Copyright
Copyright © American Society of Law, Medicine and Ethics 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Gostin, L.O. and Wiley, L.F., Public Health Law: Power, Duty, Restraint (Oakland, CA: University of California Press, 2016): at 28–33.CrossRefGoogle Scholar
Id., at 4.Google Scholar
Id., at 28–33.Google Scholar
Id., at 28 (citing Koplan, J.P. and Fleming, D.W., “Current and Future Public Health Challenges,” Journal of the American Medical Association 284, no. 13 - 33 (2000): 1696–1698).Google Scholar
L. O. Gostin and L.F. Wiley, supra note 1, at 216–219.Google Scholar
Id., at 405–406, 536–538.Google Scholar
Berman, M., “Defining the Field of Public Health Law,” DePaul Journal of Health Care Law 45, no. 15 (2013): 85–86 (discussing Aagaard, T.S., “Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy,” Cornell Law Review 221 (2010): 242).Google Scholar
Gundlach, J. and Klein, J., “The Built Environment,” in Burger, M. and Gundlach, J. eds., Climate Change, Public Health and the Law (Cambridge University Press Publishers Press, 2018): 122–167, 122-123, citing Younger, M. et al., “The Built Environment, Climate Change, and Health: Opportunities for Co-Benefits,” American Journal of Preventative Medicine 35, no. 5 (2008): 517–526.Google Scholar
Centers for Disease Control and Prevention, “Elimination of Malaria in the United States (1947 — 1951),” available at <https://www.cdc.gov/malaria/about/history/elimination_us.html> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Rudolph, L. et al., “Health in All Policies: Improving Health Through Intersectoral Collaboration,” Discussion Paper, National Academy of Medicine, Washington, DC (2013): at 1.Google Scholar
Centers for Disease Control and Prevention, Prevention, available at <https://www.cdc.gov/pictureofamerica/pdfs/Picture_of_America_Prevention.pdf> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Id.Google Scholar
When addressing climate change, such measures are necessarily more likely to focus on pollution reduction measures and changes in the natural environment, unlike secondary and tertiary measures that focus on increasing access to treatment and information via screening and disease management tools that are implemented after a disease or hazard is already present. See for example, Wis. Stat. § 254.22(2), requiring the Wisconsin Department of Health Services to, among other things, “assist local health departments in the adoption of regulations that establish standards for indoor air quality in public buildings to protect the occupants form adverse health effects due to exposure to chemical or biological contaminants.”Google Scholar
Gostin, L.O. et al., “The Legal Determinants of Health: Harnessing the Power of Law for Global Health and Sustainable Development,” The Lancet Commissions 393, No. 10183 (2019): 1857–1910, at 1833.CrossRefGoogle Scholar
Id.Google Scholar
Krueger, J. and Boufides, C. Healy, “The Public Health Sector’s Challenges and Responses,” in Burger, M. and Gundlach, J. eds., Climate Change, Public Health and the Law (Cambridge University Press Publishers Press, 2018): 34–72.Google Scholar
Syrett, K., “Doing ‘Upstream’ Priority-Setting for Global Health with Justice: Moving from Vision to Practice?” Public Health Ethics 11, no. 3 (2018): 265–274.Google Scholar
Tessum, C. et al., “Inequity in Consumption of Goods and Services Adds to Racial–Ethnic Disparities in Air Pollution Exposure,” Proceedings of the National Academy of Sciences 116, no. 13 (2019), 6001–6006.CrossRefGoogle Scholar
Rudolph, L. et al., “Climate Change, Health, and Equity: A Guide for Local Health Departments (Public Health Institute and American Public Health Association: Oakland, CA and Washington, D.C. 2018) (citing Gould, S. and Rudolph, L., “Why We Need Climate, Health, and Equity in All Policies,” Commentary, National Academy of Medicine, 2014, available at <https://doi.org/10.31478/201412e (last visited September 29, 2020).Google Scholar
Kabish, N. et al., eds., Nature-based Solutions to Climate Change Adaptation in Urban Areas: Linkages Between Science, Policy and Practice (Springer Nature: Cham, Switzerland, 2017).CrossRefGoogle Scholar
World Wildlife Fund International, Climate Nature, and our 1.5° future: A Synthesis of IPCC and IPBES Reports (2019), available at <https://wwfeu.awsassets.panda.org/downloads/wwf_climate__nature_and_our_1_5c_future_report.pdf> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Luedke, H., “Fact Sheet: Nature as Resilient Infrastructure: An Overview of Nature-Based Solutions,” Environmental and Energy Study Institute (2019), available at <https://www.eesi.org/papers/view/fact-sheet-nature-as-resilient-infrastructure-an-overview-of-nature-based-solutions> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
South Carolina Forestry Commission, “Benefits of Urban Trees,” available at <https://www.state.sc.us/forest/urbben.htm> (last visited August 10, 2020); United States Environmental Protection Agency, “Climate Change and Heat Islands,” March 1, 2019, available at <https://www.epa.gov/heat-islands/climate-change-and-heat-islands> (last visited August 10, 2020); United States Environmental Protection Agency, “Using Tress and Vegetation to Reduce Heat Islands,” Dec. 16, 2019, available at <https://www.epa.gov/heat-islands/using-trees-and-vegetation-reduce-heat-islands> (last visited August 10, 2020).+(last+visited+August+10,+2020);+United+States+Environmental+Protection+Agency,+“Climate+Change+and+Heat+Islands,”+March+1,+2019,+available+at++(last+visited+August+10,+2020);+United+States+Environmental+Protection+Agency,+“Using+Tress+and+Vegetation+to+Reduce+Heat+Islands,”+Dec.+16,+2019,+available+at++(last+visited+August+10,+2020).>Google Scholar
Bastin, J., et al., “The Global Tree Restoration Potential,” Science 365 (2019): 76–79.Google Scholar
In Miami-Dade County, landscape ordinances establish minimum tree standards and require the planting of trees in energy conservation zones. See Miami-Dade County, Florida, Landscape Code § 18A-1. Cities like Bozeman, Montana and Los Angeles, California have developed Urban forestry management plans that incentivize tree canopy, prescribe tree maintenance and care protocols, or prioritize the use of government funds to more equitably distribute street trees and other trees planted on government properties. Bozeman, Montana, Urban Forestry Project, available at <https://www.bozeman.net/home/showdocument?id=3621> (last visited August 10, 2020). Where funding becomes a barrier to meeting tree planting goals, some communities, such as Austin, Texas are piloting carbon credit programs that utilize carbon credits paid for by the private sector to fund tree planting and maintenance. Dolan, M., “Carbon Offsets for Urban Trees Are on the Horizon: Austin, Texas and King County, Washington, are testing carbon credits for planting and protecting trees,” Bloomberg CityLab (Aug. 28, 2018), available at <https://www.bloomberg.com/news/articles/2018-08-28/why-cities-are-piloting-carbon-credits-for-urban-trees> (last visited August 10, 2020).+(last+visited+August+10,+2020).+Where+funding+becomes+a+barrier+to+meeting+tree+planting+goals,+some+communities,+such+as+Austin,+Texas+are+piloting+carbon+credit+programs+that+utilize+carbon+credits+paid+for+by+the+private+sector+to+fund+tree+planting+and+maintenance.+Dolan,+M.,+“Carbon+Offsets+for+Urban+Trees+Are+on+the+Horizon:+Austin,+Texas+and+King+County,+Washington,+are+testing+carbon+credits+for+planting+and+protecting+trees,”+Bloomberg+CityLab+(Aug.+28,+2018),+available+at++(last+visited+August+10,+2020).>Google Scholar
Kondo, M.C. et al., “Health Impact Assessment of Philadelphia’s 2025 Tree Canopy Cover Goals,” Lancet Planet Health 4 (2020): e149–157.CrossRefGoogle Scholar
Anderson, M., Eckert, N., and McMinn, S., “Trees Are Key to Fighting Urban Heat — But Cities Keep Losing Them,” available at <https://www.npr.org/2019/09/04/755349748/trees-are-key-to-fighting-urban-heat-but-cities-keep-losing-them> (last visited Aug. 10, 2020); Anderson, M., “Racist Housing Practices from the 1930s Linked to Hotter Neighborhoods Today,” National Public Radio (Jan. 14, 2020) available at <https://www.npr.org/2020/01/14/795961381/racist-housing-practices-from-the-1930s-linked-to-hotter-neighborhoods-today> (last visited Aug. 10, 2020).+(last+visited+Aug.+10,+2020);+Anderson,+M.,+“Racist+Housing+Practices+from+the+1930s+Linked+to+Hotter+Neighborhoods+Today,”+National+Public+Radio+(Jan.+14,+2020)+available+at++(last+visited+Aug.+10,+2020).>Google Scholar
Painter, M. and Gandhi, P., “How Communities are Promoting Health and Responding to Climate Change,” Culture of Health Blog, September 30, 2019, available at <https://www.rwjf.org/en/blog/2019/09/how-communities-are-promoting-health-and-responding-to-climate-change.html> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
United States Environmental Protection Agency, Green Infrastructure for Climate Resiliency, September 1, 2016, available at <https://www.epa.gov/green-infrastructure/green-infrastructure-climate-resiliency> (last visited August 10, 2010).+(last+visited+August+10,+2010).>Google Scholar
Anderson, C.L., “Climate Change and Infrastructure,” Houston Journal of Health Law and Policy 18 (2018): 1–28.Google Scholar
See for example: Tribal Adaptation Menu Team, 2019, Dibaginjigaadeg Anishinaabe Ezhitwaad: A Tribal Climate Adaptation Menu (Great Lakes Indian Fish and Wildlife Commission, Odanah, Wisconsin).Google Scholar
Id.Google Scholar
Swinomish Indian Tribal Community, Office of Planning and Community Development, Swinomish Climate Change Initiative, Climate Adaptation Action Plan (October 2010): at 50–51.Google Scholar
Hipp, J. S. and Duren, C. D., Regaining Our Future, As Assessment of Risk and Opportunities for Native Communities in the 2018 Farm Bill (June 2017); USDA Climate Hubs, Department of Agriculture, “Tribal Food Sovereignty and climate Change Preparedness of Tribal Agriculture,” available at <https://www.climatehubs.usda.gov/hubs/southwest/news/tribal-food-sovereignty-and-climate-change-preparedness-tribal-agriculture> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Northern Arizona University, “Traditional Knowledge, First Foods and Climate Change,” available at <https://www7.nau.edu/itep/main/tcc/Tribes/tdk_ffoods> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Wu, X. et al., “Exposure to Air Pollution and COVID-19 Mortality in the United States: A Nationwide Cross-Sectional Study,” medRxiv (2020), available at <https://www.medrxiv.org/content/10.1101/2020.04.05.20054502v2.full.pdf> (last visited Septmeber 30, 2020; Cui, Y. et al., “Air Pollution and Case Fatality of SARS in the People’s Republic of China: An Ecologic Study,” Environmental Health 2 (2003): 15.Google Scholar
Harvard, T.H. Chan School of Public Health Center for Climate, Health, and the Global Environment, “Coronavirus, Climate Change, and the Environment, A Conversation on COVID-19 with Dr. Aaron Bernstein, Director of Harvard,” available at <https://www.hsph.harvard.edu/c-change/subtopics/corona-virus-and-climate-change/> (last visited August 10, 2020); Centers for Disease Control and Prevention, “Coronavirus Disease 2019 (COVID-19): People with Certain Medical Conditions,” available at <https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html> (last visited August 10, 2020).+(last+visited+August+10,+2020);+Centers+for+Disease+Control+and+Prevention,+“Coronavirus+Disease+2019+(COVID-19):+People+with+Certain+Medical+Conditions,”+available+at++(last+visited+August+10,+2020).>Google Scholar
Le Quéré, C. et al., “Temporary Reduction in Daily Global CO2 Emissions During the COVID-19 Forced Confinement,” Nature Climate Change 10 (2020): 647–653.Google Scholar
Chen, K. et al., “Air Pollution Reduction and Mortality Benefit During the COVID-19 Outbreak in China,” Lancet Planet Health 4, no. 6 (2020): e210–e212.Google Scholar
Ferrey, S, Environmental Law, Examples and Explanations, Second Edition (New York, NY: Aspen Publishers, 2001); Farber, D.A., Environmental Law in a Nutshell: Tenth Edition, Tenth Edition (St. Paul, MN: West Academic Publishing, 2019); Farber, D.A., Carlson, A.E., and Boyd, W., Cases and Materials on Environmental Law, Tenth Edition (St. Paul, MN: West Academic Publishing, 2019); Hardin, G., “The Tragedy of the Commons,” Science 162, no. 3859 (1968): 1243–48, at 1244-45.Google Scholar
S. Ferrey, supra note 40.Google Scholar
S. Ferrey, supra note 40.Google Scholar
33 U.S.C. § 1251.Google Scholar
42 U.S.C. § 7401. See also Massachusetts v. EPA, 549 U.S. 497, 532-535 (2007).Google Scholar
Gundlach, J., “How Existing Environmental Laws Respond to Climate Change and Its Mitigation,” in Burger, M. and Gundlach, J. eds., Climate Change, Public Health and the Law (Cambridge University Press Publishers Press, 2018): 373–379, 386.Google Scholar
33 U.S.C. § 1302.Google Scholar
However, there are opportunities for older facilities to phase in this new technology when the costs are too high.Google Scholar
United States Environmental Protection Agency, Office of Water, Fact Sheet: 303(d) Listed Impaired Waters State, Watershed and National Geospatial Datasets, January 2010, available at <https://www.epa.gov/sites/production/files/2015-09/documents/2010_1_28_tmdl_results_303d_impaired_waters_gis.pdf> (last visited Aug. 10, 2020).+(last+visited+Aug.+10,+2020).>Google Scholar
Editorial, “Environmental Racism: Time to Tackle Social Injustice,” The Lancet Planetary Health 2, no. 11 (2018): e462.Google Scholar
Liu, T. et al., “Critical Analysis of the Value of Drought Information and Impacts on Land Management and Public Health,” Water 12, no. 4 (2020): 1064–1080; Centers for Disease Control and Prevention, U.S. Environmental Protection Agency, National Oceanic and Atmospheric Agency, and American Water Works Association, When Every Drop Counts: Protecting Public Health During Drought Conditions — a Guide for Public Health Professionals (2010); Centers for Disease Control and Prevention, National Center for Environmental Health, Preparing for the Health Effects of Drought, A Resource Guide for Public Health Professionals (Feb 2018).Google Scholar
Ganesh, C. and Smith, J., “Climate Change, Public Health, and Policy: A California Case Study,” American Journal of Public Health 108, no. S2 (2018): S114–S119Google Scholar
Id.Google Scholar
Craig, R.K., “Drought and Public Necessity: Can A Common-Law “Stick” Increase Flexibility In Western Water Law?” Texas A & M Law Review 6, no. 77 (2018).Google Scholar
Great Lakes-St. Lawrence River Basin Water Resources Compact, §1.3.1.d-e, Pub. L. No. 110-342, 122 Stat. 3739 (2008).Google Scholar
Scanlan, M.K., Sinykin, J.H., Korhelski, J., “Realizing the Promise of the Great Lakes Compact: A Policy Analysis for State Implementation,” Vermont Journal of Environmental Law 8, no. 1 (2006): 39–99; Ross, R., “Opening the Floodgates and Draining the Great Lakes One Bottle at a Time: How Privatizing Water Resources Threatens the Great Lakes,” University of Denver Water Law Review (2012): 97CrossRefGoogle Scholar
Great Lakes-St. Lawrence River Basin Water Resources Compact, supra note 66.Google Scholar
Casey, J., “Note: Irrigating Industry: Is the Great Lakes Compact Being Drowned for Industrial Gain?” University of Illinois Law Review (2020): 307–340.Google Scholar
See more information about Water Train at Water Train, “The Pending Water Crisis,” available at <https://www.watertrain.us/sample-page/getting-ready-for-the-pending-water-crisis/> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
See Adler, E., “Railway Proposes Shipping 500 Million Gallons of Minnesota Water a Year to the Southwest,” Star Tribune, October 31, 2019, available at <https://www.star-tribune.com/lakeville-company-proposes-drilling-wells-and-shipping-500-million-gallons-of-water-by-rail-to-the-southwest/564167942/> (last visited August 10, 2020); Marohn, K., “Shipping Minnesota Water to Sate a Thirsty World: Could it Happen?” Minnesota Public Radio, November 5, 2019, available at <https://www.mprnews.org/story/2019/11/05/shipping-minnesota-water-to-sate-a-thirsty-world-could-it-happen> (last visited August 10, 2020).+(last+visited+August+10,+2020);+Marohn,+K.,+“Shipping+Minnesota+Water+to+Sate+a+Thirsty+World:+Could+it+Happen?”+Minnesota+Public+Radio,+November+5,+2019,+available+at++(last+visited+August+10,+2020).>Google Scholar
Minn. Stat. § 103G.271, Subd. 4aGoogle Scholar
National Integrated Drought Information System, NDIS Summit Connects Drought and Public Health (January 27, 2019), available at <https://www.drought.gov/drought/news/nidis-summit-connects-drought-and-public-health> (last visited August 10, 2020); CDC, supra note 50.+(last+visited+August+10,+2020);+CDC,+supra+note+50.>Google Scholar
United States Environmental Protection Agency, How EPA Regulates Drinking Water Contaminants, available at <https://www.epa.gov/sdwa/how-epa-regulates-drinking-water-contaminants#requirements> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
United States Environmental Protection Agency, Protect Your Private Well, February 2018, available at <https://www.epa.gov/sites/production/files/2018-02/documents/epa-ogwdw-private-wells-v4.pdf> (last visited August 10, 2020); Ward, M.H. et al., “Drinking Water Nitrate and Human Health: An Updated Review,” International Journal of Environmental Research and Public Health 15, no. 7 (2018): 1557–1587; Minnesota Department of Agriculture, Fertilizer as a Source of Groundwater,” available at <https://www.mda.state.mn.us/fertilizer-source-nitrate-groundwater> (last visited August 10, 2020); National Association of Local Boards of Health, Understanding Concentrated Animal Feeding Operations and Their Impact on Communities, 2010, available at <https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf> (last visited August 10, 2020).Google Scholar
United States Environmental Protection Agency, Toxic Algae Starts Upstream, available at <https://www.epa.gov/sites/production/files/styles/large/public/2014-05/toxicalgae.jpg> (last visited August 10, 2020); Delpla, I. et al., “Impacts of Climate Change on Surface Water Quality in Relation to Drinking Water Production,” Environment International 35, no. 8 (2009): 1225–1233; Steffen, M. et al., “Ecophysiological Examination of the Lake Erie Microcystis Bloom in 2014: Linkages between Biology and the Water Supply Shutdown of Toledo, OH,” Environmental Science & Technology 51, no. 12 (2017): 6745–6755; Wilhelm, ; Wisconsin Harmful Algal Blooms Program, Bureau of Environmental and Occupational Health, Harmful Algal Blooms Toolkit, A Planning Guide for Public Health and Emergency Response Professionals, May 2019, available at <https://www.dhs.wisconsin.gov/publications/p0/p00853.pdf> (last visited August 10, 2020); Wilhelm, ; Wisconsin Harmful Algal Blooms Program, Bureau of Environmental and Occupational Health, Harmful Algal Blooms Toolkit, A Planning Guide for Public Health and Emergency Response Professionals, available at <https://www.dhs.wisconsin.gov/publications/p0/p00853.pdf> (last visited September 30, 2020).CrossRefGoogle Scholar
University of Wisconsin-Madison Extension Iowa County, Southwest Wisconsin Groundwater and Geology Study, 2019, available at <https://iowa.extension.wisc.edu/natural-resources/swigg/> (last visited August 10, 2020); M.H. Ward, et al., supra note 63.+(last+visited+August+10,+2020);+M.H.+Ward,+et+al.,+supra+note+63.>Google Scholar
National Association of County and City Health Officials, Statement of Policy, Concentrated Animal Feeding Operations, June 2018, available at <https://www.naccho.org/uploads/downloadable-resources/18-06-Concentrated-Animal-Feeding-Operations.pdf> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Winona County, Minnesota Zoning Ordinance, Chapter 8 (2019); Town of Saratoga Livestock Operation Ordinance, Ordinance 11-30-16.Google Scholar
Hood, E., “Tap Water and Trihalomethanes: Flow of Concerns Continues,” Environmental Health Perspectives 113, no. 7 (2005): A474.Google Scholar
CDC, supra note 50.Google Scholar
The PEW Charitable Trusts, “Milwaukee Uses Regulations to Support Nature-Based Solutions to Reduce Flooding,” November 19, 2019, available at <https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2019/11/milwaukee-uses-regulations-to-support-nature-based-solutions-to-reduce-flooding> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Behm, D., “New Wastewater Discharge Permit Requires ‘Green Infrastructure,” Milwaukee Journal Sentinel, July 22, 2012, available at <http://archive.jsonline.com/news/milwaukee/new-permit-requires-rooftop-plantings-other-green-infrastructure-0m65c7j-163354726.html/> (last visited August 10, 2020). Milwaukee’s work to reverse a trend of past sewage overflows also included adoption of an ordinance requiring new development and redevelopment over one acre to utilize enough green infrastructure practices to reduce the amount of rainfall that will directly enter into the city’s combined sewer system. Milwaukee, Wisconsin, Code of Ordinances, Ch. 120.+(last+visited+August+10,+2020).+Milwaukee’s+work+to+reverse+a+trend+of+past+sewage+overflows+also+included+adoption+of+an+ordinance+requiring+new+development+and+redevelopment+over+one+acre+to+utilize+enough+green+infrastructure+practices+to+reduce+the+amount+of+rainfall+that+will+directly+enter+into+the+city’s+combined+sewer+system.+Milwaukee,+Wisconsin,+Code+of+Ordinances,+Ch.+120.>Google Scholar
State of Wisconsin Department of Natural Resources, Permit to Discharge Under the Wisconsin Pollutant Discharge Elimination System, Milwaukee Metropolitan Sewage District Combined, April 1, 2019, available at <https://www.mmsd.com/application/files/7615/5412/5872/MMSD_Permit_FINAL_signed.pdf> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Id.; Georgetown Climate Center, Green Infrastructure Toolkit, available at <https://www.georgetownclimate.org/adaptation/toolkits/green-infrastructure-toolkit/introduction.html?full> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Agriculture Improvement Act of 2018, Pub. L. # 115-334 (Dec. 20, 2018).Google Scholar
Schneider, S.A., “A Reconsideration of Agricultural Law: A Call for the Law of Food, Farming, and Sustainability,” William & Mary Environmental Law and Policy Review 34, no. 3 (2010): 935–963.Google Scholar
Carpenter, S., “An Overview of USDA Discrimination Cases: Pigford, In re Black Farmers, Keepseagle, Garcia, and Love,” Drake Journal of Agricultural Law 17 (2012): 1–35.Google Scholar
Hamilton, N.D., “America’s New Agrarians: Policy Opportunities and Legal Innovations to Support New Farmers,” Fordham Environmental Law Review 22, no. 3 (2011): 523–562.Google Scholar
Mitchell, T.W., “Historic Partition Law Reform: A Game Changer for Heirs’ Property Owners,” Texas A&M University School of Law Legal Studies Research Paper No. 19-27 (2019).Google Scholar
Krueger, J.E., Krub, K.R., and Hayes, L.A., Planting the Seeds for Public Health: How the Farm Bill Can Help Farmers to Produce and Distribute Healthy Foods, Farmers’ Legal Action Group, Inc., 2010; Neff, R.A., Merrigan, K., and Wallinga, D., “A Food Systems Approach to Healthy Food and Agriculture Policy,” Health Affairs 34, no. 11 (2015): 1908–1915.Google Scholar
Dimitri, C. and Effland, A., “From Farming to Food Systems: The Evolution of US Agricultural Production and Policy into the 21st Century,” Renewable Agriculture and Food Systems (2018): 1–16.Google Scholar
Leib, E.M. Broad and Linnekin, B.J., “Food Law & Policy: An Essential Part of Today’s Legal Academy,” Journal of Food Law and Policy 13 (2018): 228–271.Google Scholar
Ristino, L., “Surviving Climate Change in America: Toward a Rural Resilience Framework,” Western New England Law Review 41, no. 3 (2019): 521–542; Edwards, T. and Russell, M., “Earth Friendly Agriculture for Soil, Water, and Climate: A Multijurisdictional Cooperative Approach,” Drake Journal of Agricultural Law 21, no. 3 (2016): 325–360; National Sustainable Agriculture Coalition, Agriculture and Climate Change: Policy Imperatives and Opportunities to Help Producers Meet the Challenge (Washington, DC, 2019).Google Scholar
Steffan, J.J. et al., “The Effect of Soil on Human Health: An Overview,” European Journal of Soil Science 69, no. 1 (2018): 159–171.)Google Scholar
Harrigan, K. and Charney, A., Impact of 2018 Farm Bill Provisions on Soil Health, Soil Health Institute and National Sustainable Agriculture Coalition, 2019, available at <https://www.nyuelj.org/2018/02/soil-conservation-in-california-an-analysis-of-the-healthy-soils-initiative/> (last visited August 10, 2020).+(last+visited+August+10,+2020).>Google Scholar
Desai, D., “Soil Conservation in California: An Analysis of the Healthy Soils Initiative,” New York University Environmental Law Journal Environmental Law Review Syndicate, February 2, 2018, available at <https://www.nyuelj.org/2018/02/soil-conservation-in-california-an-analysis-of-the-healthy-soils-initiative/> (last visited August 10, 2020). See also <https://calclimateag.org/healthy-soils-program-sees-record-demand-despite-pandemic-22-million-in-incentives-grants-announced/> (last visited September 30, 2020).+(last+visited+August+10,+2020).+See+also++(last+visited+September+30,+2020).>Google Scholar
Krueger, J. and Boufides, C. Healy, “The Public Health Sector’s Challenges and Responses,” in Burger, M. and Gundlach, J. eds., Climate Change, Public Health and the Law (Cambridge University Press Publishers Press, 2018): 52–53.Google Scholar
There are many options. See Gerrard, M. B. and Dern-bach, J. C., eds., Legal Pathways to Deep Decarbonization in the United States, Environmental Law Institute (2018).Google Scholar
Burris, S., Berman, M., Penn, M., and Holiday, T. Ramanathan, The New Public Health: A Transdisciplinary Approach to Practice and Advocacy (New York: Oxford University Press, 2018) at 84–85.Google Scholar
Rudolph, L. et al., Climate Change, Health, and Equity: A Guide for Local Health Departments (Public Health Institute and American Public Health Association: Oakland, CA and Washington, DC, 2018).Google Scholar
Dannenberg, A.L., Rogerson, B., Rudolph, L., “Optimizing the Health Benefits of Climate Change Policies Using Health Impact Assessments,” Journal of Public Health Policy 41 (2019): 139–154.Google Scholar
U.S. Call to Action on Climate, Health, and Equity: A Policy Action Agenda (2020), available at <climatehealthaction.org> (last visited November 9, 2020).+(last+visited+November+9,+2020).>Google Scholar
Compare the Agriculture Resilience Act (House Bill 5861) with the Growing Climate Solutions Act (House Bill 7393).Google Scholar
Great American Outdoors Act, Pub. L. # 116–152 (August 4, 2020).Google Scholar
Jennings, V., Larson, L., and Yun, J., “Advancing Sustainability through Urban Green Space: Cultural Ecosystem Services, Equity, and Social Determinants of Health,” International Journal of Environmental Research and Public Health 13, no. 2 (2016): 196–210.Google Scholar
Healthy Schools Campaign, Openlands, Green School-yards: A Growing Movement Supporting Health, Education, and Connection with Nature, 2016, available at <https://healthyschoolscampaign.org/wp-content/uploads/2016/03/GreenSchoolyards.pd=f> (last visited August 10, 2020). Green Schoolyards America, National COVID-19 Outdoor Learning Initiative, available at <https://www.greenschool-yards.org/covid-learn-outside> (last visited October 1, 2020) and at <https://healthyschoolscampaign.org/wp-content/uploads/2016/03/GreenSchoolyards.pdf> (last visited October 1, 2020).+(last+visited+August+10,+2020).+Green+Schoolyards+America,+National+COVID-19+Outdoor+Learning+Initiative,+available+at++(last+visited+October+1,+2020)+and+at++(last+visited+October+1,+2020).>Google Scholar
Space to Grow Chicago, available at <https://www.spacetogrowchicago.org/> (last visited October 1, 2020).+(last+visited+October+1,+2020).>Google Scholar
Healthy Schools Campaign, Openlands, Green Schoolyards: A Growing Movement Supporting Health, Education, and Connection with Nature, 2016, available at <https://healthy-schoolscampaign.org/wp-content/uploads/2016/03/Green-Schoolyards.pdf> (last visited August 10, 2020); Green Schoolyards America, National COVID-19 Outdoor Learning Initiative, available at <https://www.greenschoolyards.org/covid-learn-outside> (last visited October 1, 2020).+(last+visited+August+10,+2020);+Green+Schoolyards+America,+National+COVID-19+Outdoor+Learning+Initiative,+available+at++(last+visited+October+1,+2020).>Google Scholar