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Abstract

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural sector, twenty percent of GHG contributions will be left untouched, jeopardizing the future of U.S. food production at the environment’s expense. This Article reveals new avenues of climate change adaptation and mitigation through carbon taxation of genetically modified (“GMO”) commodity crops to bring the carbon tax to a previously overlooked contributor to climate change: intensive agriculture. However, adapting to and mitigating the effects of climate change, such as extreme weather events, droughts, and floods, can only be accomplished through concerted efforts of various industries, governments, and the public like cap-and-trade or carbon tax schemes imposing blanket limits on GHG emissions.

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