Legal Pathways To Carbon-neutral Agriculture

Abstract

This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to Deep Decarbonization in the United States (forthcoming in 2018 from ELI), examines the agricultural strategies, practices, and technologies available to increase soil carbon sequestration and reduce greenhouse gas emissions. It details pathways for amending existing federal and state legal regimes and enacting new ones, and recommends improving public agricultural research, development, and extension efforts; reforming federal subsidy and conservation programs; and revising trade policy, tax policy, regulatory strategies, financing for carbon farming, grazing practices on government land, and greenhouse gas pricing. It also describes how the private and philanthropic sectors can stimulate carbon farming; strategies for reducing emissions that stem from farm inputs and that result from food processing, distribution, consumption, and waste; and the potential to encourage consumption of climate-friendly foods through national dietary guidelines, procurement at all levels of government, and private-sector initiatives such as certification schemes and healthier menu options.

Generated Summary

This article, extracted from a larger work, explores the strategies, practices, and technologies available to increase soil carbon sequestration and reduce greenhouse gas (GHG) emissions in agriculture. The study details pathways for amending existing federal and state legal regimes, enacting new ones, and recommends improving public agricultural research and development efforts. It also suggests reforming federal subsidy and conservation programs, revising trade and tax policies, regulatory strategies, and exploring financing options for carbon farming. The research examines strategies to reduce emissions from farm inputs and food processing, distribution, consumption, and waste, including the potential for promoting climate-friendly foods through national dietary guidelines. The research approach involves a review of existing legal frameworks and scientific literature to propose actionable strategies for achieving carbon neutrality in agriculture. The methodology includes an analysis of agricultural practices, GHG emissions, and carbon sequestration potentials, aiming to provide a comprehensive overview of pathways to decarbonize the agricultural sector. The scope encompasses various aspects of agricultural production, from on-field strategies to public and private sector initiatives, with a focus on legal and policy interventions to promote carbon farming and reduce emissions.

Key Findings & Statistics

• Agriculture accounts for approximately 9% of total U.S. greenhouse gas emissions annually.
• Crop and livestock greenhouse gas emissions consist largely of nitrous oxide and methane.
• Nitrous oxide has an average radiative forcing of 265-298 times that of carbon dioxide over 100 years.
• Methane has an average radiative forcing of 28-34 times that of carbon dioxide over 100 years.
• In 2015, total agricultural emissions of nitrous oxide and methane amounted to about 520 million metric tons of carbon dioxide equivalent.
• Agricultural soil management generates 48% of all U.S. agricultural emissions and 93% of all U.S. nitrous oxide emissions.
• The next largest source of agricultural emissions is enteric fermentation, which results from the digestive process of ruminants (largely cows and sheep in the United States) and is responsible for 32% of all agricultural emissions and 25% of methane emissions in the United States.
• Manure management activities are the third major category of U.S. agricultural emissions, releasing nitrous oxide and methane in quantities that total 16% of total U.S. agricultural emissions.
• Agriculture accounts for 51% of the country’s total landmass and 61% of the landmass of the contiguous 48 states, making it the single largest type of land use in the United States.
• Of the country’s total 2.3 billion acres, approximately 408 million acres are in use as cropland, 614 million acres as grassland pasture and range, and 127 million acres as grazed forestland.
• Expansion of existing U.S. Department of Agriculture (USDA) conservation practices could lead to the sequestration of 277 million metric tons of carbon dioxide equivalent annually by 2050.
• Widespread adoption of agroforestry practices in the United States could sequester 530 million metric tons of carbon dioxide equivalent each year.
• In 2012, farmers reported practicing no-till on 96 million acres and reduced tillage on another 77 million acres.
• In 2012, conventional tillage was practiced on 106 million acres — only 38% of the 279 million acres suitable for tilling.
• Feed crop production can emit more nitrous oxide per acre than the production of crops for human consumption.
• Feed crop cultivation produces more calories per acre than human food crops, with the result that non-human animals eat two-thirds of the calories derived from crops grown in the United States.
• Humans receive only 30% of their calories from animal products.
• Grazing and feed crop production contribute almost two-thirds of nitrous oxide emissions from agricultural soils.
• The expansion of the U.S. Department of Agriculture (USDA) conservation practices could lead to the sequestration of 277 million metric tons of carbon dioxide equivalent annually by 2050.
• In 2015, EPA included carbon dioxide emissions from urea fertilization and liming in its estimate of agricultural emissions for the first time, totaling less than 2% of agricultural emissions.
• The study further found that up to an additional 6% of both calories and protein of U.S. crops were diverted to biofuel production.
• The article suggests that the U.S. diet now relies heavily on processed and “ultra-processed” foods, and an estimated 75% of the average person’s calories comes from such food.
• In 2015, the EPA included carbon dioxide emissions from urea fertilization and liming in its estimate of agricultural emissions for the first time, totaling less than 2% of agricultural emissions.
• In 2015, total agricultural emissions of nitrous oxide and methane amounted to about 520 million metric tons of carbon dioxide equivalent.
• In 2016, the expansion of existing U.S. Department of Agriculture (USDA) conservation practices could lead to the sequestration of 277 million metric tons of carbon dioxide equivalent annually by 2050.
• Like cropland, rangeland used for livestock grazing can also sequester carbon.
• Organic farming generally seeks to enhance production by supporting natural soil fertility and biological activity and prohibits the use of synthetic pesticides or fertilizers.
• The widespread adoption of agroforestry practices in the United States could sequester 530 million metric tons of carbon dioxide equivalent each year.
• The article suggests that the U.S. diet now relies heavily on processed and “ultra-processed” foods, and an estimated 75% of the average person’s calories comes from such food.
• In 2012, farmers reported practicing no-till on 96 million acres and reduced tillage on another 77 million acres.
• In 2012, conventional tillage was practiced on 106 million acres — only 38% of the 279 million acres suitable for tilling.
• The study further found that up to an additional 6% of both calories and protein of U.S. crops were diverted to biofuel production.
• The article suggests that the U.S. diet now relies heavily on processed and “ultra-processed” foods, and an estimated 75% of the average person’s calories comes from such food.
• The government spends almost $3 billion annually on agricultural research, development, and extension programs.
• In 2015, the EPA included carbon dioxide emissions from urea fertilization and liming in its estimate of agricultural emissions for the first time, totaling less than 2% of agricultural emissions.

Other Important Findings

• Climate-friendly practices include methods that reduce greenhouse gas emissions or increase soil carbon sequestration when compared to conventional methods.
• Carbon farming describes a suite of climate-friendly practices and strategies designed to result in optimal environmental, societal, and climate outcomes.
• The study emphasizes the importance of reducing greenhouse gas emissions while also increasing soil carbon stores.
• Decisionmakers should prioritize climate-friendly practices that reinforce carbon farming systems.
• Climate-friendly practices almost always improve soil health and thus can increase farm yield, enhance resilience to climate change, and often increase profitability (especially over the longer term).
• The largest source of U.S. agricultural greenhouse gas emissions is agricultural soil management.
• Crop and livestock greenhouse gas emissions consist largely of nitrous oxide and methane.
• While superior to standard practices, climate-friendly practices are not necessarily optimal, both in terms of their climate benefits or their overall benefit to society.
• A core concept of this Article is that carbon sequestration should be added to this list of the fundamental aims of agriculture, as well as to the federal programs and policies that support it.
• Achieving climate stability is as critical a human need as the other functions of agriculture.
• While not the norm currently climate-friendly practices almost always improve soil health and thus can increase farm yield, enhance resilience to climate change, and often increase profitability.
• Responsible management of croplands should aim to reduce greenhouse gas emissions while simultaneously increasing carbon sequestration.
• No-till agriculture completely eliminates tillage, uses herbicides or other methods to control weeds instead of tillage, and leaves the soil physically undisturbed, protecting organic matter.
• Like cropland, rangeland used for livestock grazing can also sequester carbon.
• Organic farming generally seeks to enhance production by supporting natural soil fertility and biological activity and prohibits the use of synthetic pesticides or fertilizers.
• Agroforestry systems add trees to agricultural lands.
• The main sources of greenhouse gas emissions from cropland are synthetic and organic fertilizers, which release nitrous oxide, and soils, which release carbon dioxide.
• Responsible management of croplands should aim to reduce greenhouse gas emissions while simultaneously increasing carbon sequestration.
• Congress should require USDA to do so while providing increased funding for the agency to quickly develop and disseminate climate-friendly practices and crop varieties.
• The agency could increase its support for research that advances production and mitigation simultaneously, such as projects to develop productive livestock breeds, better plant materials for cover crops, and high-yielding crops that facilitate lower emissions and sequester more carbon.
• The U.S. should incorporate climate concerns into agricultural trade policy, mandating that USDA and other government agencies focus on developing markets for climate-friendly products.
• Carbon pricing for all greenhouse gases from agriculture would be a highly effective policy lever.
• The USDA should create a new standard for carbon farming that would allow farmers to use carbon farming experts.
• The U.S. should prioritize climate change in procurement contracts.
• The article emphasizes that the government should expand on efforts by funding Climate Hubs and mandating more ambitious national sequestration targets.
• The new framework must recognize that the agricultural sector is now vastly different than it was when the laws were first shaped.
• The article emphasizes that the government should expand on efforts by funding Climate Hubs and mandating more ambitious national sequestration targets.
• The study further found that up to an additional 6% of both calories and protein of U.S. crops were diverted to biofuel production.
• The article suggests that the U.S. diet now relies heavily on processed and “ultra-processed” foods, and an estimated 75% of the average person’s calories comes from such food.
• The government spends almost $3 billion annually on agricultural research, development, and extension programs.

Limitations Noted in the Document

• Climate-friendly practices are not necessarily optimal.
• Climate benefits and overall benefit to society are not always the same.
• The data suggests that many farmers who consider their methods “no-till” actually till their fields periodically.
• There is much to learn about the chemical and biological processes that result in agricultural emissions and sinks.
• Sequestration alone cannot offset ever-increasing greenhouse gas emissions.
• The impact of no-till on crop yields varies.
• The impact of practices will vary according to local climate and soil conditions.
• The potential of climate-friendly practices to reduce the 522 million metric tons of carbon dioxide equivalent emitted by the agricultural sector in 2015, coupled with the potential of these practices to significantly increase soil carbon storage, makes carbon neutrality a realistic goal.
• Because of the diversity of geographies and uncertainties of these practices, these totals are only illustrative.
• Carbon sequestration can be reversible and limited.
• The potential of climate-friendly practices to reduce the 522 million metric tons of carbon dioxide equivalent emitted by the agricultural sector in 2015, coupled with the potential of these practices to significantly increase soil carbon storage, makes carbon neutrality a realistic goal.
• The estimates provided on the effects of practices are only illustrative.
• Impact on crop yields varies according to a number of factors.
• The article acknowledges that there are trade-offs resulting from actions taken to reduce net agricultural emissions.
• The article acknowledges that the impact of practices will vary according to local climate and soil conditions.
• That the best management practices for nitrogen fertilization include reducing the rate of application so that nitrogen supply is closer to the level demanded by crops.
• There is a need to recognize that the capacity of different breeds to thrive in local conditions, such as weather and native plant communities, affects how quickly they mature.

Conclusion

The study emphasizes that agriculture is both a source and a potential sink for greenhouse gases. The authors advocate for a dual approach, minimizing agricultural GHG emissions and maximizing carbon storage, thereby acknowledging the sector’s role in decarbonizing the economy. The article underscores the importance of carbon farming, a suite of practices designed to result in optimal environmental, societal, and climate outcomes. The study emphasizes that the many benefits of climate-friendly practices can provide independent reasons for their adoption, irrespective of climate change views. The authors highlight the potential for agriculture to achieve carbon neutrality through the adoption of various strategies, including improved soil management, the expansion of agroforestry, and shifts to perennial crops. These changes are critical because they not only reduce emissions but also enhance soil health, increase farm yields, and improve resilience to climate change. The study suggests the need for a new framework that incorporates climate stability as a key goal of agriculture. It highlights several pathways for public law interventions, including amending existing legal regimes, enacting new ones, and recommending improvements in public agricultural research. It also suggests reforming federal subsidy and conservation programs, trade and tax policies, regulatory strategies, and financing for carbon farming. The authors emphasize the role of the private and philanthropic sectors in promoting carbon farming, strategies for reducing emissions from farm inputs and food processing, distribution, consumption, and waste, and the potential to encourage climate-friendly consumption. While the study acknowledges the challenges and uncertainties, it offers a clear pathway to achieve carbon neutrality in agriculture. This article highlights the importance of a collaborative approach involving policymakers, researchers, and the private sector. By integrating these recommendations, the agricultural sector can significantly contribute to climate change mitigation while improving environmental quality, rural communities, and producer income. In conclusion, the study asserts that whether agriculture will ultimately achieve carbon neutrality depends on political will and that it is a question of policy and not science.