SOIL CONSERVATION POLICY AND LAW IN UNITED-STATES AGRICULTURE

Federal soil conservation policy in the U.S. has its roots in the New Deal era. Since that time conservation programs were not only aimed at controlling erosion but also at controlling production. The first issue in this article is how soil conservation policy dealt with growing public concern related to environmental impacts of modern agriculture. It was only in the last decade that conservation efforts not only included onsite impacts of soil erosion but also nonpoint-source pollution. The ideas of soil protection and soil quality that gained some prominence in the Netherlands, Switzerland und Germany since the beginning of the 1980ies are still somewhat exotic in the U.S. The article continues by analyzing the legal background of federal U.S. soil conservation policy. This includes a brief sketch of the special features of the U.S. legal system in general, some remarks related to the strong position of private property and an outline of Agricultural Law as a legal discipline. Finally, the most recent soil-related agroenvironmental programs and laws are presented and the way they work is discussed. The characteristic feature not only of soil conservation but of all U.S. agricultural policy is its adherence to the so-called voluntary approach. With respect to the conservation programs there are two types. Under the first, the government makes payments available to producers who agree to follow certain practices ranging from the adoption of better conservation measures to the retirement of land from farming. The second denies farmers the right to participate in commodity and other government benefits if they engage in certain environmentally destructive behavior. Considering the ongoing federal budget deficit and the reduced attractiveness of federal farm programs the discussion on regulatory ''approaches'' will gain ground.