Environment

Juggling GMOs: Balancing Benefits, Risks, & Unknowns

by George Kidd, UMN Law Student, MJLST Staff

Thumbnail-George-Kidd.jpgThe recent multi-billion dollar loss as a result of the 5th worst drought ever recorded in U.S. history adds fuel to an already raging debate over genetically modified organisms (“GMOs”). Amanda Welters, in “Striking a Balance: Revising USDA Regulations to Promote Competition Without Stifling Innovation,” delivers a fantastic overview of key issues in the GMO debate while also introducing novel legislative ideas garnered from the pharmaceutical industry. Ms. Welters’ article provides important insights into the continuing struggle to provide society with an optimal outcome.

While recent documentaries such as “Food Inc.” and “King Corn” give informative, although one-sided, analyses of the GMO debate, GMO’s may indeed be necessary for the future. The recent drought only emphasizes why utilizing GMO crops may be so necessary. Benefits of using these crops could include increased resistance to severe weather, increased food production from less land, and decreased pesticide use. With so many benefits it is easy to see why these types of crops may have a lasting future.

But the road to societal riches as a result of using GMOs may be a tightrope walk with a long fall. Most of the pushback comes from the fact that the effects of consuming GMO products are largely unknown. Further, when all farmers use GMO seed, biodiversity is reduced, opening up problems if a disease were to effectively eradicate a particular GMO crop. Lastly, while Monsanto has done a good job of creating essentially “self-destructing” seed, reducing the crop yield of further generations of their soybean to encourage farmers to purchase new yearly seed, introduction of modified genetic material may have an irreversible environmental impact.

In light of the World Bank issuing a global hunger warning, perhaps we should accelerate our efforts in moving toward a legislative balancing act in either moving forward with GMO crops or looking elsewhere for innovative ideas. Producers of new GMO technology need to remain adequately incentivized to make GMOs more effective and safer for human consumption. But competition also plays an important role in improving GMO’s future viability. Expiration of Monsanto’s Roundup Ready soybean patents in 2014 will allow generic brand competition to spur price drops and competitive innovation.

In the end, when we do find that optimal balance between innovation and competition, the only winners are us.


Juggling GMOs: Balancing Benefits, Risks, & Unknowns

by George Kidd, UMN Law Student, MJLST Staff

Thumbnail-George-Kidd.jpgThe recent multi-billion dollar loss as a result of the 5th worst drought ever recorded in U.S. history adds fuel to an already raging debate over genetically modified organisms (“GMOs”). Amanda Welters, in “Striking a Balance: Revising USDA Regulations to Promote Competition Without Stifling Innovation,” delivers a fantastic overview of key issues in the GMO debate while also introducing novel legislative ideas garnered from the pharmaceutical industry. Ms. Welters’ article provides important insights into the continuing struggle to provide society with an optimal outcome.

While recent documentaries such as “Food Inc.” and “King Corn” give informative, although one-sided, analyses of the GMO debate, GMO’s may indeed be necessary for the future. The recent drought only emphasizes why utilizing GMO crops may be so necessary. Benefits of using these crops could include increased resistance to severe weather, increased food production from less land, and decreased pesticide use. With so many benefits it is easy to see why these types of crops may have a lasting future.

But the road to societal riches as a result of using GMOs may be a tightrope walk with a long fall. Most of the pushback comes from the fact that the effects of consuming GMO products are largely unknown. Further, when all farmers use GMO seed, biodiversity is reduced, opening up problems if a disease were to effectively eradicate a particular GMO crop. Lastly, while Monsanto has done a good job of creating essentially “self-destructing” seed, reducing the crop yield of further generations of their soybean to encourage farmers to purchase new yearly seed, introduction of modified genetic material may have an irreversible environmental impact.

In light of the World Bank issuing a global hunger warning, perhaps we should accelerate our efforts in moving toward a legislative balancing act in either moving forward with GMO crops or looking elsewhere for innovative ideas. Producers of new GMO technology need to remain adequately incentivized to make GMOs more effective and safer for human consumption. But competition also plays an important role in improving GMO’s future viability. Expiration of Monsanto’s Roundup Ready soybean patents in 2014 will allow generic brand competition to spur price drops and competitive innovation.

In the end, when we do find that optimal balance between innovation and competition, the only winners are us.


Wasted Places Report Elucidates Key Problem in Current Environmental Legal and Regulatory Infrastructure

by David Hanna, MJLST Lead Article Editor, UMN J.D./M.S. in Chemistry Joint Degree Candidate

Thumbnail-David-Hanna-II.jpgDuring a time when environmental issues flood the headlines of newspapers, magazine covers, and television broadcasts, it is hard not to come across sustainable efforts by concerned companies and institutions trying to proactively tackle these environmental issues. While these pointed campaigns and programs deserve some recognition, there is plenty of room for improvement and this improvement needs immediate legal and regulatory acknowledgment.

Recently, in her article “Wasted Places: Slow, Underfunded EPA Program Falls Short in Toxic Site Cleanups,” Kate Golden attributed limited funds, lack of federal oversight, and complex approval processes as the reasons for the hundreds of thousands of abandoned and polluted properties referred to as “brownfields” that continue to exist all over the country. Despite billions of dollars in federal grants and loans provided by the Environmental Protection Agency (EPA), there are still brownfields that are contaminating groundwater. While EPA funds are arguably one part of the sustainability puzzle, legal and regulatory infrastructure is another piece of the puzzle that has apparently fallen under the table. It should come as no surprise that the current legal and regulatory infrastructure is the root of the brownfields problem, as evidenced by current environmental issues stemming forth from insufficient legal and regulatory governance.

For example, the current controversial discussion of the natural gas drilling process known as hydraulic fracturing, or “fracking,” is one area where environmentalists have recognized and commented on the lack of EPA monitoring in regulating potential public health hazards. In “Notes from Underground: Hydraulic Fracturing in the Marcellus Shale,” Joseph Dammel examined the effect of fracking on our energy portfolio, national security, and capacity for technological innovation. Dammel proposes that courts, Congress, and regulatory agencies take reformative legal and regulatory action to address the current environmental issues posed by a technology that seems to have outpaced our lawmakers. Ultimately, this vicious, inescapable cycle is the result of insufficient legal and regulatory governance. Without intervention, the history of brownfields is likely to repeat itself through fracking.

Chemical waste management and minimization in university teaching and research laboratories is another area where legal and regulatory reform is needed. In my upcoming article, “Do Educational Institutions Score High on Their Sustainability Efforts?: A Case Study (and Grade) on Chemical Waste Management and Minimization in Teaching and Research Laboratories at the University of Minnesota,” that will be published in Volume 14, Issue 1 of the Minnesota Journal of Law, Science & Technology, I utilize the University of Minnesota, one of the largest institutions by student enrollment in the United States, as a case study to elucidate how universities and colleges have missed key areas of development and improvement of sustainability in their sustainability campaigns and programs. By evaluating the legal and regulatory framework currently in place, the article suggests ways to move forward in managing and reducing chemical waste at educational institutions like the University of Minnesota.

Whether the issue concerns brownfields, fracking, or chemical management, a big reason these environmental issues exist is a lack of legal and regulatory governance. This lack of governance might be due to key players not carrying out their delegated responsibilities. Or, perhaps, the problem stems from the laws themselves. Regardless, while funding is certainly a piece of the environmental puzzle, a legal and regulatory reformative approach at both the federal and state levels is needed to move forward and achieve a more complete picture.


Being Green by Helping the Giants Beat the Eagles

by Nathanial Weimer, UMN Law Student, MJLST Staff

Thumbnail-Nathanial-Weimer.jpgSporting events are a nightmare in terms of the environment. The vast number of spectators involved–over 16 million paying fans attended NFL games last year, according to NBC Sports–leave behind massive amounts of trash, while stadiums face huge challenges with water conservation and electricity consumption on game days. Fans also have to transport themselves to and from the event, using large quantities of fuel. And, of course, the problem extends to all stadium events, whether professional or college, football or a different sport. Such a widespread problem needs a powerful solution, one that goes beyond merely suggesting that teams “do the right thing”. The fact is, teams that effectively deal with this problem must be rewarded, and those rewards must contribute to on-field success. By linking sustainability to team performance, the green movement can benefit from the competitive spirit that drives sports.

Many sports teams have already taken steps toward making their stadiums green. SustainableBusiness.com lists professional sports teams with effective environmental strategies, while the EPA has organized waste reduction competitions between collegiate football programs. The University of Minnesota became a leader with the construction of its new football field; upon completion, TCF Bank Stadium became the first collegiate or professional football facility to achieve LEED Silver Certification for environmental design.

Several motivations have contributed to this move towards sustainability. Some owners have used environmental campaigns as a way to strengthen community ties, or improve a team’s brand image to attract sponsors, according to Switchboard. Reductions in energy consumption, often through the installation of solar panels, can greatly reduce utility costs. Groups such as the Green Sports Alliance, a non-profit originating in the Pacific Northwest, have collaborated with professional teams across different sports to incite a higher level of environmental responsibility. Still, the greatest motivation in sports is noticeably missing–winning.

Achieving environmental sustainability requires continuous improvement. In order to ensure that sports teams continue to innovate and strive for improvement, their waste management accomplishments must be able to contribute to their on-field success. In professional leagues, this could easily be accomplished through a salary-cap bump. An NBA team with a model sustainability program could be allowed to spend, say, $5 million more a year on its roster than a team without such a program. Alternatively, draft odds could be adjusted. Instead of losing 59 games in the hopes of landing number one draft pick Anthony Davis, the Charlotte Bobcats could have installed low-flush, dual flush toilets and aerated faucets like those at Target Field. College programs, “arguably the next frontier for the sports greening movement” according to Switchboard, could be rewarded for their environmental initiatives through postseason considerations. Bowl Games could be allowed, or even encouraged, to take a program’s sustainability accomplishments into consideration. NCAA basketball tournament seeds could be similarly tweaked.

While going green might save money on utilities and attract corporate sponsors, the fastest way to make money in sports is to put a successful product on the field. Connecting greenness to on-field benefits would boost community involvement as well–an NBA fan is far more likely to volunteer to sort recycling when she thinks her efforts might help her team find cap room to sign a Dwight Howard. By the same token, collegiate boosters are more likely to donate money towards sustainability projects when those projects earn benefits that would otherwise go to a bitter rival. Sports, after all, are about competition, and winning feels better when you defeat somebody. Giants owner John Mara, when asked about the competitive outlet provided by greening efforts, agreed: “Most of all, I want to beat the Philadelphia Eagles.” It shouldn’t matter that by bringing competition into the quest for sustainability, we all win.

The environmental responsibility of sports events has come a long way. Many stadiums feature technology aimed at tackling the challenging problem of waste management. Still, the fight for sustainability remains an uphill battle, and teams must strive to find new ways to improve their stadiums. Rewarding committed teams with performance-related benefits not only preserves this commitment to innovation, it strengthens it.

Interested in law and sports? You might also like:
Fantasy Baseball Litigation: “C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP: Why Major League Baseball Struck Out and Won’t Have Better Luck in its Next Trip to the Plate” by Daniel Mead


Got GMOs?

by Ude Lu, UMN Law Student, MJLST Staff.

Ude-Lue.jpgGMOs, genetically modified organisms, have long been a part of our daily diet. For example, most of the soybeans and corn on the supermarket shelves are GMOs. Currently, the issue of whether these GMOs should be labeled so that customers can make informed purchases is in a heated debate in California. California Proposition 37, which would require labeling of GMOs, will soon be voted in November this year. Proponents from both sides have poured millions of dollars into the campaign.

GMOs are plants that have been genetically engineered to be enhanced with characteristics that do not occur naturally, so that the harvest can be increased and the cost can be lowered. One example of a prominent GMO is soybean. Monsanto–a Missouri based chemical and agriculture company–introduced its genetically modified soybean, Roundup Ready, in 1996. Roundup Ready is infused with genes that resist weed-killers. In 2010, 93% of soybeans planted in the United States were Roundup Ready soybeans.

Although GMOs are one of the most promising solutions to address the sustainability of food supply in view of the growing global population, there are concerns in the public regarding their safety, and confusion as to which federal agency has responsibility for regulating them.

Amanda Welters in her article “Striking a balance: revising USDA regulations to promote competition without stifling innovation” published in the Minnesota Journal of Law, Science, and Technology explains the current regulatory scheme of GMOs. Three primary agencies regulate GMOs: the Food & Drug Administration (FDA), the Environmental Protection Agency (EPA), and the United States Department of Agriculture (USDA). The FDA regulates GMOs in interstate commerce that are intended to be consumed by animals or humans as foods, the EPA monitors how growing of GMOs impacts the environment, and the USDA assesses the safety of growing GMO plants themselves.

Specifically, the Animal and Plant Health Inspection Service (APHIS) in the USDA is responsible for ensuring crops are free of pests and diseases. APHIS is currently in the process of revising its regulations for GMOs in an attempt to improve transparency, eliminate unnecessary regulations and enhance clarity of regulations. Under the proposed regulations there will be three types of permits for GMOs: interstate movement, importation, and environmental release.

Taking the position that GMOs are generally beneficial and unavoidable, Welters suggests that the USDA should frame a regulatory structure similar to the Hatch-Waxman Act and the Biosimilar Act to promote both innovation and competition. Readers interested in the regulatory issues of GMOs and the balance between the interests of patent innovators and generic follow-ons would find Welters’ article informative and insightful.


Hurricane Highlights Need for Better Regulatory Tools

by Kenzie Johnson, UMN Law Student, MJLST Managing Editor

Kenzie-Johnson-Thumbnail-White-Back.jpgThe Gulf Coast just can’t seem to catch a break. From the devastation of Hurricane Katrina, to the BP Deepwater Horizon oil spill, the region has had its fair share of environmental and natural disasters in recent years. Events this summer have placed the region in the news again–namely Hurricane Isaac, and perhaps less publicized, drought that has threatened fresh water supply in southern Louisiana. On the seventh anniversary of Hurricane Katrina, Hurricane Isaac made landfall causing severe flooding in rural areas along the Louisiana coast. In addition, this summer’s drought has also caused water levels to drop significantly in the Mississippi River, causing saltwater to work its way up stream threatening some areas’ fresh water supply.

These two events have, yet again, brought attention to environmental and natural resource issues in the Gulf Coast, but as Daniel Farber points out, environmental degradation in the Gulf-Coast region is not a new phenomenon. In an article published in MJLST, “The BP Blowout and the Social and Environmental Erosion of the Louisiana Coast,” Farber explains that the Gulf Coast has long suffered from disappearing wetlands that are important in reducing storm surges, a large aquatic dead zone that threatens marine life, coastal erosion, and numerous threats to biodiversity. He also discusses the effects climate change will have on the region. Farber argues that improved regulatory tools are needed to restore the region’s ecosystems and prepare for challenges the region is likely to face in the future. Farber also calls for increased restoration funding including the direction of Clean Water Act civil penalties towards Gulf Coast restoration.

In June, 2012, Congress passed the RESTORE Act which directs 80 percent of Clean Water Act penalties into a Gulf Coast Restoration Trust Fund. The Act also creates a Gulf Coast Ecosystem Restoration Council charged with comprehensive planning for restoration of the region and overseeing the use of Trust Fund money. On September 10, 2012, President Obama signed an Executive Order terminating the Gulf Coast Ecosystem Restoration Task Force and moving forward the establishment of the Gulf Coast Ecosystem Restoration Council. The order also names the Environmental Protection Agency and Department of Agriculture as trustees to the Natural Resources Damage Assessment Trustee Council that is charged with assessing natural resource damages from the Deepwater Horizon oil spill, restoring natural resources, and seeking compensation for lost resources.

As can be seen by the recent events, the Gulf Coast region will continue to face natural disasters as well as environmental and natural resource challenges, and the region needs a regulatory system structured to address such events. Recent actions by Congress and President Obama show promise towards long-term restoration, but as Farber points out, the complexities of these issues will take continued action and improvements in regulatory tools to fully restore the region.