Wanted: Food Lawyers!
Posted October 24, 2011 in Health and the Environment, Living Sustainably, U.S. Law and Policy
Today is national food day.
But instead of writing about my favorite recipe, I thought instead I would pass along one word of career advice for aspiring lawyers:
You guessed it: food.
For years, I’ve told law students –who have asked – that climate change law was the future of the environmental movement, and it was the way to go.
I apologize. I was wrong.
Don’t misunderstand me – we still need skilled lawyers who can help address the biggest threat the world has ever faced. And right now, we are not doing so well on this front, legally or otherwise.
However, right now my advice to law students and new lawyers is to consider how you can apply your skills to the fast growing local, sustainable food movement that seeks to fix our broken national food system. (I blogged earlier this year on some of the key health, economic, and environmental benefits from strengthening New York City’s regional food system.)
Of course, the food movement does not need wonky lawyers to offer advice on crop rotation or how to churn butter. What I mean is that lawyers are needed to help cities and regions around the nation write new laws and policies to strengthen their local food systems.
Many cities, including New York, San Francisco, Portland, Chicago and Seattle, are forging ahead to reform their food systems– in large part, in responding to overwhelming public support for such changes.
But if these new laws and policies are to be fully successful lawyers are needed in at least three key areas:
- Sustainability Standards: One big opportunity is to help define sustainability standards for local food, especially where it is being touted as healthier or more environmentally friendly than other food. The truth is, of course, that not all local food is equal. An apple from New Jersey that’s doused with pesticides is not better for the environment or your health when compared to an organic (or otherwise sustainably-produced) apple from Oregon just because it was grown closer to home. Thus, we need to define sustainably grown (or raised) local food in our new laws as we look for ways to set concrete benchmarks for increasing food purchasing by city and state governments.
- Food Equity: The local food movement is often characterized as elitist and expensive – with critics saying it is an unrealistic option for many citizens. But this is not true. In New York, for example, local food advocacy is considered an extremely high priority among many of the City’s grassroots and environmental justice groups. And food stamp use doubled at the highly successful NYC Greenmarkets between 2009 and 2010. Still, we will need new laws and official policies – and maybe even some targeted litigation— to address the troubling problem of “food deserts” in many low-income communities and communities of color in New York and in cities around the country. Grassroots energy and volunteer efforts alone will not be enough to help these communities overcome the distribution and other barriers preventing them from getting greater access to healthier food.
- Scalability: Food writer Mark Bittman has asked whether sustainable farming could help feed the world. I won’t try to resolve this complicated question in this short blog. But we do know that if cities and localities are going to help lead the way to a national approach to a better food system, then we need to design models that are capable of going beyond the incredible, yet small-scale local food efforts cropping up in so many cities. Again, I respectfully suggest, lawyers are very much needed to help work with elected officials and government leaders to draft new laws and policies that will result in large-scale changes to local food systems.
So, don’t throw away (or recycle) your Climate Change Law book or treatise. But start thinking about a new career path in food law.
And to all you foodies: lawyers just might end up being your new best friends.
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Comments
Emily Rheault — Oct 24 2011 06:29 PM
I like your point about this. I have never really considered food having a need for lawyers but you showed me that there is. I agree that many foods out there are mislabeled. They allude to being good for the environment when they only meet one requirement out of many. It is a common fact that local food is good. I mean why wouldn't it be? It didn't have to be transported all over the world before it got to you, but as you point out there may be other problems. Local food is only as good as it claims to be if it was grown sustainably as well. The two do not cancel each other out. I think this is an important distinction to make before everything gets worse while we all still think its good and happy.
Carly Dunster — Oct 25 2011 11:11 AM
I was thrilled to see this piece, as I have recently hung out a shingle as a food lawyer. I saw a real opportunity to provide assistance to small food entrepreneurs and new food initiatives, both in navigating the complex legislation that governs food and in providing affordable legal counsel of a general nature. But ultimately those seeking to build more sustainable food systems need advocates - people that can present to and speak to government officials and policy-makers effectively and vigorously. So far, I'm loving every minute of it. I'd love to connect with any new lawyers thinking of focusing on food - please feel free to check out the website at carlydunsterlaw.com.
Thanks for this excellent and timely piece!
Dr. J. Singmaster — Oct 25 2011 06:10 PM
What is needed is scientists not lawyers and poorlyh informed persons. I will send Mr. Izeman a long statement about where the real problems lie.
The basic problem for our children's future survival is going to be avoiding the oncoming overwhelming messes of organic messes, mainly from biowastes. Our present mishandling of biowastes allows the spreading of germs, toxics and drugs with possibly more unknown toxics being formed with chlorine disinfecting treatments. Furthermore, the biowastes undergo natural biodegradation to reemit needlessly CO2, a problem that no one seems aware of when talking up composting, CO2 that nature has so kindly trapped for us.
A process of pyrolysis can be used on the messes to destroy all germs and drugs in the messes and most toxics. (A few get expelled in the organic chemical- water mix that can be collected and refined for fuel or drug making chemicals while trapping out expelled toxics.). Essentially no CO2 gets expelled and the expelled gas mix could go through a turbocharger to generate some electricity. This would turn costly biowaste handling into a money maker while greatly reducing chances of escapes of such germs as Listeria, E. coli, and Salmonella.
Making biowastes into a resource is the ultimate in sustainability and would provide more energy than inefficient biofuel crops going to be fermented to reemit about 50% of the carbon trapped as CO2. We need to stop biofuelishness to get crop land back to growing food. Several NYTimes reporters, Justin Gillis, Mireya Navarro and others, have had recent articles on problems of how to provide food for growing world population, and the first step ought to be kicking useless bioethanol programs off of subsidies and get fuel from biowastes. Dr. J. Singmaster, Environmental Chemist, Ret. Fremont, CA
Jason Foscolo — Oct 25 2011 08:21 PM
Well said. I too have recently started to practice exclusively in this very special area of law. Food producers enjoy a vast constellation of special laws, regulatory exemptions, and policy incentives. Most of these special laws were written to benefit industrial-scale producers. Small-scale producers can achieve most of the same economic benefits of these legal advantages with the proper guidance. The best way to change the food system is to make alternative agricultural producers just as business-like and organized as the large corporations which produce most of the nation's food. For a small-scale producer, a specially trained lawyer is absolutely an indispensable part of the business team.
If you would like to learn more about the special practice of food law, please visit my website at jasonfoscolo.com.
Janet Waites — Oct 30 2011 06:37 PM
If you are going to be in Southern California this Friday, Nov 4, Chapman University Law School is hosting a free symposium entitled Food Fight! The Legal Debate over the Obesity Epidemic, Food Labeling & the Government's Involvement in What You Eat. You can go to http://www.lawschoolblog.org/blog/ for more information.
Mark Izeman — Oct 30 2011 07:29 PM
Thanks everyone for your robust and interesting comments. Let's keep the dialogue going.