Ag Law Professor to Farmers: Step Up on Climate Change

The following appeared in the Des Moines Register, Sunday, Novenber 29, 2009. It is reprinted with the permission of the author, Neil Hamilton. Professor Hamilton is the Dwight D. Opperman Chair of Law at the Drake University School of Law in Des Moines, Iowa and also serves as the Director of the Drake Agricultural Law Center.

Next month, I travel to Copenhagen for the U.N. Climate Change Negotiations (COP 15) with two Drake agricultural law students. We are part of the Iowa U.N. Association delegation going to witness the international talks on possibly the most significant environmental, social and political issue shaping our futures.

My special interest is what the talks may mean for farmers in the United States and abroad. U.S. policy discussions show much of America's agricultural sector doesn't take climate change seriously.The reality is the impacts of climate change are being felt around the globe - whether or not U.S. farm groups and politicians believe it. Fortunately, most other nations recognize the obligation and opportunity to engage in deciding how best to respond.

The adverse impacts climate change has on food production and the critical role agriculture may play in addressing it means farmers have a major stake in the debate.

The magnitude of U.S. contributions to greenhouse gas emissions make Copenhagen a prime opportunity for America to help lead development of effective responses - leadership the world needs and expects. The negotiations are especially important to farmers, because American agriculture thrives on international rules supporting free trade and open markets. If we engage at Copenhagen, then ideas to protect the environment and increase farm income may emerge, but sitting on the sidelines while others craft the agenda is a recipe for conflict and lost opportunities. Lack of U.S. leadership won't just limit success of the negotiations and limit the willingness of other nations to act, but may signal erosion in U.S. prestige and national confidence. The Kyoto climate-change treaty created little role for agriculture, but proposals for COP 15 give farmers a large, even central role. Still many U.S. farm groups are ambivalent - not just to Copenhagen but to whether climate change is real or U.S. action is needed.

Some groups like the National Farmers Union and the renewable energy coalition 25X25 endorse cap-and-trade legislation as the basis for ambitious goals for Copenhagen.

Others like the American Farm Bureau Federation oppose cap and trade - and appear uninterested in what the world may do. Farm Bureau members are being encouraged to protest to Congress "don't cap our future," arguing agriculture will suffer increased energy costs with no corresponding economic benefits. Studies show the proposed legislation will have limited impacts on farm costs and Secretary of Agriculture Tom Vilsack argues the law will open new streams of farm income from offsets and carbon markets. He has spent months explaining to farmers why they should support the legislation. Last week, President Barack Obama announced he and Vilsack will go to Copenhagen to show U.S. resolve to address climate change, even though Congress has yet to act.

Agriculture's opposition to cap and trade is delaying progress on legislation to reform U.S. energy policy. The lack of progress has already led to scaling back expectations for what might happen in Copenhagen. But remember the saying, "If you aren't part of the solution you are part of the problem." We shouldn't delude ourselves the rest of the world won't act without us or that we are immune from either the natural effects of climate change or the political effects of policies developed in our absence.

Our lack of engagement threatens to make U.S. agriculture the "problem" other nations address and risks development of an international agreement adverse to U.S. interests. Ironically the opposition may also jeopardize our ability to engage in international markets and the trade negotiations central to continued growth of American agriculture. The opposition to climate-change action is puzzling given agriculture's support for biofuels like corn ethanol as the "answer" to our energy needs. America's farmers have a successful history of innovating to meet new demands. But U.S. politics on cap and trade has become largely a question of "What is in it for me?" rather than focusing on how agricultural practices can help address climate change.

Our responding is not optional - the scientific and international political realities of climate change are real, as is the need to act. Yes, there is debate about whether the practices and policies being proposed will significantly reduce global temperatures, but disagreement about effectiveness shouldn't obscure the fact that doing nothing ensures no progress. From a legal perspective, something will happen. If Congress fails to act, the Environmental Protection Agency will regulate greenhouse gas emissions as required by a 2007 U.S. Supreme Court ruling. Legislation may raise concerns but it will be friendlier and more tailored to agriculture's needs than EPA regulations.

The world is going to address climate change, and farmers and agriculture in other nations will lead in developing responses - many have no choice if they are to protect their land and futures. The COP 15 negotiations are a stage on which the willingness of nations to act and lead will be measured. American agriculture is fond of congratulating itself for "feeding the world," even if the claim is far from true. The reality is most of the world tries to feed itself. The tragedy is that over 1 billion go hungry today, and climate change threatens even more. America may not feed the world, but we have long claimed a central role in leading it.

The climate-change debate is an opportunity for the United States - agriculture and farmers included - to live up to our self-image as leaders. Failing to do so risks America being seen as a self-serving nation in decline - a portrait our enemies and critics are happy to paint. My hope is we have the vision, courage and wisdom to rise to this occasion. That is why I am going to Copenhagen.

Farmers Market in St. Paul, Minnesota

I traveled north for Thanksgiving, spending the holiday with family on our farm north of Hastings, Minnesota. On Wednesday, I had the pleasure of visiting the St. Paul Farmers' Market where we picked up our pre-ordered fresh turkey from the Otis Family Farm.

The market was busy, despite the chilly Minnesota weather. A testimony to the hardiness of Minnesota/Wisconsin farmers and shoppers, the market continues year-round.

Buying fresh, wholesome food, and talking with the farmers about the food they produced made for a wonderful thanksgiving experience, long before we sat down to enjoy dinner.

FAO Report on Climate Change and Food Safety

The FAO issued a new report this week, Climate Change: Implications for Food Safety. While other impacts of global warming are more generally discussed, this report explores some of the food safety impacts that have yet to be widely considered.

Here is the abstract of the report:

The paper aims to identify potential impacts of anticipated changes in climate on food safety and their control at all stages of the food chain. The purpose is to raise awareness of the issue and to facilitate international cooperation in better understanding the changing food safety situation and in developing and implementing strategies to address them.

While this paper takes a broad look at a number of food safety issues and considers possible implications of climate change – it does not provide exhaustive treatment of the topic. The food safety issues covered include: agents of food-borne disease with specific consideration of zoonotic diseases, mycotoxin contamination, biotoxins in fishery products and environmental contaminants with significance to the food chain. The paper also highlights the need for adequate attention to food safety in ensuring preparedness for effective management of emergency situations arising from extreme weather events. There is much uncertainty about possible food safety implications of climate change. This paper discusses some expected effects that are supported by data; it also considers other issues that are largely speculative.

New Ag & Food Law Community on Kiva

I received a wonderful present last Spring - a gift certificate with Kiva. What better present for someone who teaches Agricultural Finance & Credit. In class, we discuss the need for capital in agricultural operations, the legal issues that arise in financing transactions, and the impact of financial stresses on farming operations. Most of the U.S. cases we study involve fairly significant sums of money.

Kiva, a non-profit micro-finance organization offers both a similarity and a difference. The similarity is the need that farmers have for financing for their businesses. The difference is that the loans needed are so small.

Kiva's mission is "to connect people through lending for the sake of alleviating poverty" and works to achieve this goal through a "person-to-person micro-lending website." On the Kiva website, you can browse entrepreneurs' profiles and decide who you would like to lend to. Loans are made through local micro-finance institutions approved by Kiva. The website provides transparent data regarding the institutions, the actual loans, and repayment track records.

During the course of the loan period, you receive periodic updates, and when your loan is repaid, you can relend to someone else.

One of my first loans was to Carmen in Peru. Here is the description that was provided to me.

Carmen is a member of the Banco Comunal Renacer. She is 55 years old, married, and has 6 children. Carmen travels to the region's different fairs to sell fruits and vegetables. She also buys cereals from the fair, which she later sells at the provisions market in the city of Ayacucho. In addition to all this, Carmen also sells wool out of her house. Carmen needs a loan of 2,000 soles, which will be invested in the purchase of wool and cereals. Carmen's dreams are to provide a good education to her children and to improve her business.

Last April, I signed up to offer a small loan; twenty-one others also participated. The total loan that Carmen needed was $675. Soon after she got the loan, she began paying it back. On October 16, Carmen paid back the last installment - $16.66, the loan was fully repaid. It is now available for making a loan to another.

My best wishes to Carmen; my thanks to the entrepreneurs that started Kiva and the organizations that keep it running so well; and my challenge to readers - make a Kiva loan to someone in the farming or food-related business.

I just set up an Ag & Food Law Community on Kiva. Anyone who makes a Kiva loan is welcome to count their loan as part of our community. All lending decisions are your own - it is just a way to show that the agricultural and food law community supports farmers and other food providers world wide. I think you will be pleased.