Sustainable Food and the Constitution

2018, Current Issue, Print, Volume 50 (2018) Issue 2 (Summer)
50 Ariz. St. L.J. 549 (2018). Ernesto Hernández-López. Sustainable food policies strive for environmental, healthy, economically just, and humane food production. Their success has ignited legal debates about the Constitution. This is not new. Iconic constitutional law cases examine sustainable food, such as meat in the Slaughter-House Cases (1873), bread in Lochner v. New York (1905), and wheat in Wickard v. Filburn (1942). Currently, as eaters, cooks, growers, and policymakers seek sustainable food, food-and-Constitution debates continue. For recent examples, this Article analyzes disputes about pork, foie gras, shark fins, eggs, and ag-gag policies. It uses food studies approaches to identify what motivates food-and-Constitution jurisprudence. For advocates and courts, this illuminates what is at stake, when analyzing sustainable food sourcing, production means, and menu offerings. Full Article
Read More

Right Environmentalism: Repurposing Conservative Constitutionalism

2018, Current Issue, Print, Volume 50 (2018) Issue 2 (Summer)
50 Ariz. St. L.J. 651 (2018). Michael Allan Wolf. The new normal of environmental law will likely feature reduced enforcement of existing federal environmental statutes, elimination of federal regulations deemed anti-business, slashed funding for climate change response programs, and state preemption of local sustainability initiatives. Attorneys representing environmental interests will be “bringing a knife to a gunfight” should they continue to attack such stalwart principles of conservative jurisprudence as federalism, textualism, and originalism, or to seek the reversal of strong precedents that narrow standing, limit the reach of the Commerce and Necessary and Proper Clauses, and expand the scope of the Takings Clause to include allegedly confiscatory environmental and land use regulations. What is needed is a litigation strategy that goes beyond accommodating, adjusting, or massaging conservative jurisprudence. Counsel should advance…
Read More

Sustainable Affordable Housing

2018, Current Issue, Print, Volume 50 (2018) Issue 2 (Summer)
50 Ariz. St. L.J. 455 (2018). Andrea J. Boyack. Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world’s carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly funded incentives such as tax credits, grants, reduced approval fees, and streamlined permitting. Using market measurement innovations such as the Dow Jones Sustainability Index, investors can promote environmentally sustainable development by prioritizing real estate developers that embrace environmentally conscious practices. Even though real estate in general still underperforms in many other sectors in terms of its environmental sustainability, trends are encouraging. Commercial real estate has embraced green building as a concept, and the World Economic Forum predicts that approximately 55% of…
Read More

Food, Fracking, and Folly

2018, Current Issue, Print, Volume 50 (2018) Issue 2 (Summer)
50 Ariz. St. L.J. 617 (2018). Melissa Mortazavi. Few industries in the United States carry the clout and capital of the oil and gas and agricultural sectors. Economic behemoths, their booms and busts shape the destinies of states, define national policy, and secure the life or death of small towns across the United States. Like it or not, the agriculture and oil and gas industries have strong lobbies and vehement and mobilized constituencies. Full Article
Read More