United States Soil Degradation

Abstract

The United States has not directly addressed soil degradation through legislation or litigation in some time. However, three recent developments impact the regulation of soil degradation in the United States, and may impact soil degradation in novel and dramatic ways. This chapter first reviews the structure of the United States governance and regulation, emphasizing soil degradation. The chapter then discusses the three recent impacts on soil degradation. The 2014 Farm Bill builds upon and changes earlier farm bills. Conservation compliance continues under the new Farm Bill, but conservation programs have been consolidated and funding to conservation programs has been cut. Other provisions that may impact soil degradation include biofuels, specialty crops and organic production. The controversy and confusion over the jurisdiction of the federal government over “waters of the United States” continues. The federal agencies adopted a new definition of the term that purportedly “clarifies” the issue, but other stakeholders assert that the rule expands federal jurisdiction. Several lawsuits seek resolution of the dispute, which likely will not occur in the near future. Finally, a lawsuit in Iowa over discharge of pollutants from farmland could dramatically alter regulation of water quality in the United States. Along with water quality, soil quality will be impacted.