Kaitlynn Dixon is a law student at the Elisabeth Haub School of Law at Pace University and a guest contributor to this blog.
Using the 2023 Farm Bill, Congress should implement citizen suit provisions to provide the public and stakeholders the power to hold the USDA accountable for carrying out directives the Farm Bill mandates. A citizen suit provision would establish more accountability and ensure the USDA follows congressional directives once the next Farm Bill is enacted. Therefore, implementing a citizen suit provision for the environmental directives within the Farm Bill would provide necessary accountability for the USDA to address climate action moving forward.
In general, citizen suit provisions allow members of the public to file a lawsuit against a person or agency if the person or agency has violated a federal law or policy. A person filing a lawsuit under a federal citizen suit provision must have standing in order to do so, meaning they must be adversely affected by the violation in question. By providing the opportunity for members of the public to file such a lawsuit, citizen suit provisions hold great strength in providing the public with the ability to keep federal agencies accountable for violations and agency inaction.
To address existing issues within environmental & climate mitigation, the Farm Bill Law Enterprise (FBLE) provides climate and conservation recommendations such as developing and promoting carbon sequestration in agriculture and maximizing climate and conservation impacts of existing USDA programing. Including a citizen suit provision in the 2023 Farm Bill for these environmental directives would help address agency inaction by holding the USDA accountable for implementing mandatory climate conservation initiatives. Most notably, communities living in close proximity to industrial farms, commonly known as factory farms, would have the ability to hold the USDA accountable for environmental issues caused by factory farming that adversely affect them. Due to the high concentration of animal feces and chemical buildup generated on factory farms, communities living around these farms experience overwhelming harms to air and water quality as emissions generated from factory farms spread hazardous air particles and chemical run-off into nearby groundwater and drinking wells. By including a citizen suit provision in the climate and conservation directives for the 2023 Farm Bill, not only would communities be able to seek redress for environmental issues affecting them, but enforcement would be established through accountability to ensure the USDA takes meaningful steps in addressing the environmental directives mandated by the Farm Bill.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
