December 2011

ESQC Completes Work;
Beginning the End of an Era

Traditionally, the chair of the EQSC has alternated each year between the House and Senate committee dealing with environmental affairs. Senator Beverly Gard has been the Senate designee for her caucus since its inception. In October, Senator Gard announced her intention not to seek re-election – making this past EQSC her last as its leader.

My audience will hopefully indulge me in a few words of thanks to Senator Gard. For many years, I have worked as a lobbyist primarily in the area of environmental affairs. Senator Gard has been a public servant her constituents are proud of, and her leadership has made Indiana a better place – especially for environmental policy. In fact, the EQSC became a standing committee of the legislature because of her insistence. A fresh airing of complex environmental issues is now available to Hoosiers like never before.

On a personal note, Senator Gard has been kind and supportive to my family in the most difficult of times. Many know that my first wife passed away from cancer in 2008. Senator Gard offered words of encouragement to my wife and me in addition to prayer. Later, as life moved to more pleasant times, she was equally kind encouraging me to grow as a person, father and professional. Thank you Senator. You will be missed.

The EQSC was tasked with studying Great Lakes issues, IDEM program funding and air emissions from the distillation of mint grown in Indiana. In addition, the group undertook the study of Solid Waste Management Districts (SWMD).

Through the course of five meetings, the council developed recommendations, adopting a report in late October. Regarding mint distillation, IDEM is encouraged to work with the farming community to minimize regulatory reporting while achieving legal requirements. The only other issue to be reported on was Solid Waste Management Districts. Accountability and educational programs are at the heart of the recommendations for the districts. The recommendations are:

1) As an instrument of state government, continuous evaluation of SWMD is beneficial to their management. Annual reporting by SWMD that includes detailed financial and programmatic information should be required. Reports should be filed with IDEM and the Legislative Council in a form provided by IDEM. Also, the legislature should re-evaluate the continued existence of SWMD every 10 years.

2) IC 13-21-3 should be amended to reflect the clear instruction of the general assembly to prohibit solid waste management districts from requiring permits on waste management activities, including those activities not subject to federal or state regulation.

3) A primary function of SWMD should be to educate the public on matters of solid waste management and disposal, including recycling opportunities. IC 13-21-3 should be amended to require the function of education by SWMD and to provide a minimum, uniform level of education.

4) The issue of funding and expenditures of SWMD is complex. Numerous sources of funding are available to SWMD. These sources include property tax, COIT, CAGIT and LOIT, among many others. The disparity among the sources from which to draw leads to inequity in a now regionalized waste disposal system. Surcharges and fees imposed by SWMD inappropriately impact and influence the marketplace and should be reviewed in additional studies conducted in a timely manner. The scope of funding for SWMD should be streamlined in an effort to eliminate disparity among districts.

5) Indiana counties may determine that their participation in a SWMD is not in the best interest of a county. IC 13-21-3 should be amended to reflect the option of a county to decline to form or participate with a SWMD.
Materials from the EQSC meetings, including the final report, can be found on the web at: http://www.in.gov/legislative/interim/committee/eqsc.html.  

Keystone Pipeline is Good for Indiana

The following article was contributed by Maureen Ferguson, Executive Director of the Indiana Petroleum Council. Maureen may be reached at 317-639-2588 or fergusonm@api.org.

The U.S. and Canada enjoy the largest trading partnership across the longest peaceful border in the world. Sourcing more of our energy from a friendly, democratic and North American neighbor will help reduce our reliance on energy resources from less stable areas of the world.

Canada sends more than 99 percent of its oil exports to the U.S. – the bulk of which goes to Midwestern refineries for processing. Oil from Canada is mainly transmitted to these refineries and other locations in the U.S. through oil pipelines. The proposed Keystone XL Pipeline will join more than 20,000 miles of pipeline that already crosses through the Ogallala Aquifer, more than 2,000 of which are hazardous liquid pipelines. These pipelines have operated successfully for decades and are the safest, most reliable way to transport crude oil.

The Keystone XL project has already undergone more than 36 months of environmental scrutiny. The new pipeline will offer the latest, most technologically-sound engineering, construction and monitoring.
Separately, the U.S. and Indiana need the new jobs that will be created if the Keystone project is approved. The latest Canadian Energy Research Institute study projects that employment in the U.S. (direct, indirect or induced) as a result of new oil sands investments is expected to grow from 21,000 jobs in 2010 to 465,000 jobs in 2035. This type of employment includes new and preserved jobs, and also consists of full- and part-time jobs. For Indiana alone, this is projected to translate to $575 million and 8,000 jobs. For every one job created in Canada, two are created in the United States.

But the numbers about direct job creation don’t begin to tell the whole story. Employment at Caterpillar is a prime example of the jobs and revenue created in Indiana by Canadian oil production. In addition to the jobs created directly at Caterpillar’s facilities in Lafayette and Muncie to produce oil in Canada, more than 70 Indiana companies supply components to the Caterpillar facilities. Caterpillar reports more than 10,000 employees of Caterpillar, suppliers and vendors located in Indiana benefit from its production.

Other countries are looking out for their energy futures. The U.S. needs to as well.

Climate Change: Impacts on Food Safety

The following article was contributed by Susan Charles, a partner in Ice Miller LLP's Environmetal Law Group. Susan may be reached at susan.charles@icemiller.com. Copyright 2011 Ice Miller LLP. All Rights Reserved.

The following article appeared in the Summer 2011 issue of the American Bar Association's Natural Resources and Environment publication.

Anticipated impacts from climate change include regional temperature shifts, increased frequency of heavy precipitation, extended dry periods and extreme weather events. Most studies to evaluate the impacts of climate change on agriculture predict that over the next century geographic variations in climate change will produce both positive and negative impacts, depending on a particular region's existing agricultural products and practices. Climate Change 2007: Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, M.L. Parry, O.F. Canziani, J.P. Palutikof, P.J. van der Linden, and C.E. Hanson (eds.), at 284, http://www.ipcc.ch/publications_and_data/ar4/wg2/en/contents.html (last viewed May 25, 2011). These studies indicate that the potentially large negative impacts in developing regions may be offset by some limited positive changes in developed regions. The result, when aggregated, suggests that the overall impact on world food production may be small, but it likely will affect global populations in significantly different ways. For example, climate systems in developed regions are anticipated to experience less severe shifts in temperature and precipitation than developing regions, but those regions also have the technical capabilities and socio-economic resources to adapt to climate change. In contrast, the most significant changes in temperature and precipitation are expected to impact the poorest and most vulnerable regions of the world, many of which lack the socio-political stability and technological resources to adapt to these climatic shifts. As a result, already hungry regions of the world are expected to be impacted negatively, and in some cases, severely.

This article examines current climate predictions and how climate shifts in various regions may impact global agricultural production and food security. It concludes that agricultural practices will need to be modified or adapted to correlate with anticipated shifts in weather patterns if food security is to be maintained into the future. The article concludes by discussing various adaptation efforts that could help to maintain global food security in the face of evolving climate conditions.

Predicting Climate Change. Scientists use global climate models (GCMs) to predict changes in climate. Climate models first simulate how the atmosphere, oceans, land surface and ice interact and then project changes in temperature and precipitation over large areas. To predict potential impacts from climate change, the most important drivers for GCMs are the increasing concentrations of greenhouse gases (GHGs), including carbon dioxide, methane, nitrous oxide and others in the atmosphere. Gerald R. North, Future Climate of the Continental United States, 23 Choices (1st Quarter 2008), at 6, http://www.choicesmagazine.org/2008-1/theme/02.pdf (last visited May 25, 2011).

The results of climate change modeling and associated agricultural impacts typically are presented and discussed in the context of large geographic regions. For example, local mean temperatures are predicted to increase up to 1-3° Celsius (C) at "mid- to high-latitudes." These temperature increases are predicted to result in a slight increase in crop productivity based on estimates of how crop production typically associated with that region responds to slight increases in temperature. In these regions, land suitable for crop growth is predicted to expand, the length of the growing season likely will increase and crop yields may rise as a result. Josef Schmidhuber & Francesco N. Tubiello, “Global Food Security Under Climate Change,” 104 Proc. Nat’l Acad. Sci. 19703, 19704 (2007), http://www.pnas.org/content/104/50
/19703.full.pdf (last visited May 25, 2011). In drier areas, by contrast, models predict lower soil moisture levels and a resulting decrease in land suitable for crop growth. At lower latitudes, especially seasonally dry and tropical regions, crop productivity is projected to decrease even as a result of local temperature increases as small as 1 - 2° C.

In the United States, expectations are that temperatures will be 3.0° C (5.40° Fahrenheit (F)) warmer plus or minus 1.50° C (2.70° F). There are likely to be more heat waves with more mid-latitude drying in the summer and an increased risk of prolonged droughts. Shifts in precipitation patterns likely will vary. Current predictions are that mid-latitude storms will track north, meaning the eastern United States likely will experience increased precipitation. In contrast, the Southwest is likely to be much drier as storm tracks move north. Most models also suggest that the current multi-year swings of wet and dry periods will become more pronounced. 

The predicted changes in climate and agricultural production will impact food security in different ways. The Food and Agriculture Organization defines food security as a situation that exists "when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life." United Nations Food and Agriculture Organization, Climate Change and Food Security: A Framework Document 2008, at 3, http://www.fao.org/forestry/15538-079b31d45081fe9c3dbc6ff34de4807e4.pdf (last visited May 25, 2011). Climate change will affect all four dimensions of food security: availability, accessibility, utilization and stability.

Potential Impacts of Climate Change on Food Availability. Climate change is expected to impact the production and availability of food in several complex ways. The more obvious impact, the effect of changing weather patterns on the volume and quality of food produced, will affect different populations differently based primarily on location.

In Africa, agricultural production, including access to food, is projected to be "severely compromised" by climate variability and change. Current conditions in Africa include semi-arid regions that make existing agricultural production challenging. Climate change likely will reduce the length of the growing season and force large areas of marginal agriculture out of production. Projected reductions in yield in some countries could be as much as 50 percent by 2020, and crop net revenues could fall by as much as 90 percent by 2100. Small-scale farmers, who are responsible for the largest portion of agricultural production in Africa, are expected to be affected the most. It is not difficult to see that this would adversely affect food security on that continent. 

In Asia, glacier melt in the Himalayas is projected to increase flooding and affect water resources within the next two to three decades. This is expected to be followed by decreased river flows as the glaciers recede. As a result, crop yields are projected to increase up to 20 percent in East and South-East Asia but may decrease up to 30 percent in Central and South Asia by the mid-21st century. Taken together and considering the influence of rapid population growth and urbanization in this geographic region, the risk of hunger is projected to remain very high. 

For the United States, recent studies estimate that overall crop yield changes should be positive, though regional differences will exist. See John M. Antle, “Climate Change and Agriculture: Economic Aspects,” 23 Choices (1st Quarter 2008), at 9, http://www.choicesmagazine.org/2008-1/theme/03.pdf (last visited May 25, 2011). The Northeast, South and Southwest are expected to experience the smallest increases in crop yields, with more significant increases experienced in the upper Midwest and coastal Northwest. Like other developed regions of the world, the overall production and availability of food within the United States is expected to remain fairly stable.

Potential Impacts of Climate Change on Food Access. Food access involves the ability of individuals to acquire sufficient amounts of appropriate foods to meet caloric and nutritional requirements. In other words, food access examines whether foods that are capable of meeting an individual's nutritional needs are affordable. Here, again, location will prove crucial.

Most food is not produced at individual households, but is acquired through purchase or trade. As such, food prices are critical to consumers' food security. While the overall volume of available food is expected to remain consistent, developing countries are expected to experience a decrease in production. This shift is significant because food production is the primary source of livelihood for 36 percent of the world's total workforce. In the heavily populated countries of Asia and the Pacific, this number rises to 40 to 50 percent, and in sub-Saharan Africa, two-thirds of the working population currently make their living from agriculture. If predictions that climate change will adversely affect agricultural production in the low-income developing countries of Asia and Africa are correct, the livelihoods of large numbers of the rural poor will be put at risk and their vulnerability to food insecurity increased.

Potential Impacts of Climate Change on Food Stability. To be food secure, a population, household or individual needs consistent access to adequate food supplies. The concept of food stability refers to the availability of and access to food. Climate variability is an important factor in a stable food supply. For example, the predicted increase in frequency and severity of extreme events such as floods and droughts can create significant fluctuations in crop yields and local food supplies. In addition, agricultural laborers and others who depend on agricultural wages in a region where extreme weather events are increasing would be at a higher risk of losing their income and, in turn, their ability to purchase food.

If predictions of increased climate fluctuation in semi-arid and sub-humid areas are accurate, food production in these regions may be significantly reduced. While certain regions of the United States and other developed countries have demonstrated an ability to adapt to climate variability, most of the areas with predicted increases in climate fluctuation, which are in developing areas of the world, do not currently have the technology, experience or infrastructure to adapt quickly to extreme weather events. Thus, the poorest regions with the highest levels of chronic undernourishment will be exposed to the highest degree of instability in food production. 

Potential Impacts of Climate Change on Food Utilization. The ability to convert food into usable human energy addresses a population's access to clean water, proper sanitation and appropriate health care. This highlights the importance of non-food inputs in food security. It is not enough that someone is getting what appears to be an adequate quantity of food if that person is unable to make use of the food because he or she is consistently ill from a lack of sanitation infrastructure or adequate health care opportunities.

Both acute and chronic illness have been associated with climate variability and climate change. Looking specifically at health impacts associated with drought, studies have identified increased mortality, malnutrition, infectious disease and respiratory disease. Areas of drought often incur a reduction in overall food consumption, which can lead to malnutrition. Malnutrition increases the risk both of acquiring an infectious disease and of dying from it. Though not detailed here, the FAR also associates increased incidence of winds, storms, floods and rising temperatures with negative, often severe, impacts on human health.

The Need for Agricultural Practices Adapt to Climate Change. There are generally two broad approaches for managing the impacts of climate change – mitigation and adaptation. Mitigation involves reducing net GHG emissions. In terms of food security, adaptation involves learning to produce food under changing climate conditions. Significantly, even if atmospheric concentrations of GHGs could be stabilized (the first step in a mitigation solution), the impact of climate change on agricultural production would not stabilize for some period of time after GHG levels come to equilibrium. See Steven K. Rose & Bruce A. McCarl, “Greenhouse Gas Emissions, Stabilization and the Inevitability of Adaption: Challenges for U.S. Agriculture,” 23 Choices (1st Quarter 2008), at 16, http://www.choicesmagazine.org/2008-1/theme/05.pdf. Adaptation will therefore be critical if agriculture is to respond successfully to global climate change.

The FAR defines adaptation as "the actions of adjusting practices, processes and capital in response to the actuality or threat of climate change, as well as changes in the decision environment, such as social and institutional structures and altered technical options." Adaptation generally is divided into two categories: autonomous adaptation and planned adaptation. Autonomous adaptation involves an individual farmer's response to climate change based on his or her existing knowledge, available technology and other resources. In contrast, planned adaptation refers to institutional (e.g., governmental) or policy actions that establish or strengthen conditions that will allow for effective adaptation (e.g., subsidy programs and investment in research and development).

Adaptation is nothing new to agriculture and is easily demonstrated by the successful production of crops across varied climates within the United States. For example, current agricultural practices acknowledge and depend on the fact that citrus crops in Florida would not fare well if planted in the Midwestern Corn Belt and vice versa. These types of production differences clearly illustrate the ability to adapt agricultural production to various climate conditions. Appropriate local research and technological developments could allow farmers to adapt to changing climate conditions.

Specific actions that could help agriculture adapt to climate change include shifts in management practices, implementation of water conservation measures, and adoption of technological improvements. Changes in management practices could include changing the variety and/or species of crops to those more appropriate to changing temperatures and/or to those with increased resistance to heat shock and drought. Farmers also could diversify their businesses to include other farming activities, such as raising livestock. Other examples include altering fertilizer rates to maintain grain or fruit quality consistent with changing climate conditions and altering the timing or location of cropping activities. In areas of increased precipitation, changes in water management practices may be necessary to prevent waterlogging, erosion and nutrient leaching. 

Adaptation also should include the implementation of water conservation measures including the implementation of technologies to “harvest” water and to conserve soil moisture (e.g., crop residue retention). Other technological developments could allow farmers to improve the effectiveness of pest, disease and weed management practices through the use of integrated pest and pathogen management. Technological advances also permit the use of varieties and species of crops that are more resistant to pests and diseases and allow farmers to use seasonal climate forecasting models to reduce production risks. If widely adopted, these autonomous adaptations, singly or in combination, have the potential to begin to offset negative climate change impacts and, of equal importance, have the potential to take advantage of positive impacts of climate change.

Depending upon the severity of climate change impacts, autonomous adaptations may not be sufficient or efficient enough to counteract negative effects of climate change. In these cases, broader strategic measures may be needed. The FAR notes that effective planning and capacity building for adaptation to climate change could include widespread education efforts, research and development options and the development of large-scale governmental policies for responding to climate change. Specifically, if the agricultural industry does not respond to the threat of climate change, it will be important to educate farmers through implementation of climate monitoring and effective communication of the results. Monitoring could include impacts to pests, diseases and other factors directly impacted by changes to climate. The best means to communicate this information to the agricultural community include extension/training/outreach at the county-level, industry marketing efforts or other localized training. 

In addition, to adapt effectively, the agricultural sector may need more governmental and private research to develop improved and innovative agricultural inputs and production practices. Governments should consider developing or improving infrastructure (e.g., enhanced irrigation and efficient water use technologies) and implementing regulations to insure appropriate transport and storage infrastructure. Government also could promote efficient management of markets (for seed, fertilizer, labor, etc.) and offer necessary financial services, including insurance.

Conclusions and Implications. Climate change will impact food security in important and comprehensive ways. In terms of ensuring an adequate global food supply, current research indicates that aggregate food production will remain relatively consistent but regional differences will impose significant, and in some cases severe, consequences. The need for the agricultural sector to adapt is clear, and the poorest and most vulnerable populations are likely to need the greatest amount of assistance to adapt effectively.

Current predictions are that changes in temperature and precipitation in regions with many of the industrialized countries (such as the United States) will be less severe and will have less of an impact on agricultural practices than regions such as sub-Saharan Africa or Asia. For most industrialized countries, some adjustments in crop selection and management may be necessary; but with appropriate forecasting and capital investments, the agricultural industry should not undergo significant shifts. Similarly, developments in agricultural technology should effectively anticipate needed adaptations of crops, livestock, machinery and related capital equipment.

In contrast, agricultural production in developing countries is expected to be less able to adapt to climate change due to limited financial and technical resources, and an inadequate infrastructure and organized governmental response to natural disasters. The absence of needed resources would be amplified by the anticipated greater impact that climate change is expected to have in these countries. Poor communities tend to have more limited adaptive capacities, and are more dependent on climate-sensitive resources, such as local water and food supplies. The existence of climate change reinforces the already compelling case that can be made for public sector investment in agricultural research and outreach, for investment in physical infrastructure, and for strengthening institutions that support agriculture and agricultural development.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.

IMA Meeting Calendar

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