Legal Pathways to Deep Decarbonization in the United States

The document argues that U.S. agriculture can achieve carbon neutrality by combining emissions reductions—particularly of nitrous oxide and methane—with increased soil carbon sequestration. It details 'carbon farming' practices such as cover cropping, agroforestry, and prescribed grazing, while critiquing the current 'farm safety net' for subsidizing carbon-intensive industrial operations. The authors propose a systemic shift toward payments for ecosystem services, reformed crop insurance, and updated federal research and extension priorities to incentivize climate-friendly agriculture.

• Agriculture is responsible for approximately 9% of total annual U.S. greenhouse gas emissions, with the sector releasing about 560 million metric tons of carbon dioxide equivalent in 2016.
• Agricultural soil management is the largest source of emissions in the sector, generating 50% of all U.S. agricultural emissions and 94% of its nitrous oxide emissions.
• Meat and dairy production are the primary drivers of agricultural emissions, accounting for nearly 80% of the sector's total greenhouse gas emissions in the U.S.
• Widespread adoption of agroforestry in the U.S. could potentially sequester 530 million metric tons of carbon dioxide equivalent annually, transforming agricultural land into a carbon sink.
• The expansion of existing USDA conservation practices could lead to the annual sequestration of 277 million metric tons of carbon dioxide equivalent by 2050, potentially halving net agricultural emissions.
• Current U.S. crop insurance policies may discourage climate mitigation by requiring 'good farming practices' that are only those recognized by local experts, often excluding innovative carbon farming techniques.
• The federal 'farm safety net'—comprising crop insurance, conservation payments, and commodity programs—distributes approximately $20 billion annually, but often supports carbon-intensive commodity crops like corn, soy, and wheat.
• The EPA's 'aggregate compliance' approach for the Renewable Fuel Standard has failed to prevent the conversion of native ecosystems to biofuel feedstock, with an estimated 4.2 million acres converted since the standard's adoption.
• Public funding for agricultural research in the U.S. has declined in real terms, falling from $6 billion in 2003 to $4.5 billion in 2011, leaving the U.S. as the only advanced economy where private spending exceeds public spending.
• A proposed payments-for-ecosystem-services (PES) program, compensating farmers at $16 per acre for best management practices, would cost less than $15 billion annually, which is lower than current farm subsidy spending.
• Concentrated animal feeding operations (CAFOs) produce significantly more methane than pasture-based systems because they rely on anaerobic liquid manure storage, which can have emission rates 90 times higher than grazing systems.
• Food waste in landfills is a major methane source, with organic matter responsible for 16% of U.S. methane emissions in 2016, and food waste specifically contributing up to 90% of landfill methane in initial years.

APA

Lehner, P. H., & Rosenberg, N. A. (n.d.). Legal Pathways to Deep Decarbonization in the United States. Earthjustice. https://earthjustice.org/wp-content/uploads/deepdecarb_agriculturech30_peterlehner.pdf

Chicago

Lehner, Peter H., and Nathan A. Rosenberg. Legal Pathways to Deep Decarbonization in the United States. Earthjustice, n.d. https://earthjustice.org/wp-content/uploads/deepdecarb_agriculturech30_peterlehner.pdf.

Wikipedia

{{cite report |last1=Lehner |first1=Peter H. |last2=Rosenberg |first2=Nathan A. |title=Legal Pathways to Deep Decarbonization in the United States |publisher=Earthjustice |url=https://earthjustice.org/wp-content/uploads/deepdecarb_agriculturech30_peterlehner.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{lehnerndlegal, author = {Lehner, Peter H. and Rosenberg, Nathan A.}, title = {{Legal Pathways to Deep Decarbonization in the United States}}, institution = {Earthjustice}, url = {https://earthjustice.org/wp-content/uploads/deepdecarb_agriculturech30_peterlehner.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }