J.B. Ruhl

Document Type


Publication Title

Ecology Law Quarterly

Publication Date




Page Number



environmental harms, regulation, farms, animal wastes, water pollution


Environmental Law | Land Use Law | Law


Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors they enjoy in environmental law, then argues for a core federal statute that blends regulation, information, tax, incentive, and trading instruments to address several of the major sources of harm. It is shown that conventional prescriptive regulation simply will not effectively fit the geographic, economic, and political demographics of farms, but that the proposed blend of instruments could achieve significant gains in farms' environmental performance without excessive administrative or compliance complexities and costs.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.