The Kentucky Journal of Equine, Agriculture, and Natural Resources Law
VOLUME 17 SYMPOSIUM
The Kentucky Journal of Equine, Agriculture, and Natural Resources Law is proud to present our annual symposium on March 28, 2025, in the Grand Courtroom of J. David Rosenberg College of Law at the University of Kentucky. This year’s symposium is entitled “Bluegrass: Medical Marijuana in the Commonwealth”. With the recent passage and enactment of Senate Bill 47, Kentucky enters a new era in the marriage of agriculture and healthcare. At this year’s symposium, leaders all across the Commonwealth will discuss the legal implications of SB 47, how it will impact the agricultural economy of the state and provide insight to the fight for Medical Marijuana and its legalization in Kentucky.
PUBLICATIONS
Note by: Henry O. Cashen
A circuit split existed in determining whether a conveyance of pollutants through groundwater and into navigable water constituted a violation of the Clean Water Act. Although the Supreme Court attempted to resolve the issue in 2020, Notes Editor Henry Cashen argues that the Court’s guidance is insufficient to direct lower courts in their analyses. Cashen advocates for a mutli-factored balancing test to determine whether a direct discharge of a pollutant or its “functional equivalent” violates the Clean Water Act’s provisions, regardless of the conveyance method.
Article by: Robin Kundis Craig
The quality of costal water remains an environmental and economic concern in the United States. In this article University of Southern California Gould School of Law Robert C. Packard Trustee Chair in Law Robin Craig explores the intersection of the Clean Water Act with the ocean and pushes for more to be done to improve ocean water quality.
Note by: Bennett Tuleja
Workers’ compensation laws provide compensation for employees injured on the job. In Kentucky, agricultural workers are barred from receiving workers’ compensation benefits. In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.
Note by: Zachary Mills
The bourbon industry is particularly prominent in Kentucky. In this note, Editor-in-Chief Zachary Mills explores the environmental hazards associated with the bourbon industry. Mills ultimately argues for changes to Kentucky’s regulatory structure in order to promote sustainable industry growth.
BLOGS
In this blog, Executive Editor Peyton Mills argues that United States v. Stevens, which held that depictions of extreme animal cruelty are not categorically unprotected by the First Amendment to the U.S. Constitution, effectively rubber-stamps animal cruelty by hindering prosecutors and emboldening animal abusers. He asserts that Justice Samuel Alito's dissent should pave the way forward for animal rights.
In this blog, 3L Staffer Samuel Larrabee argues that the H-2A visa program should be the solution to deported immigrant farm laborers but because of the program's shortcomings, it fails to fill the void. The Department of Labor's recent regulations could help prevent worker abuse that occurs under the program but because courts have stepped in and found that those provisions violate separate law, any meaningful reform of the program likely requires congressional action.
In this blog, 3L Staffer Caidan Drenk argues for the increased protection of central Kentucky farmland from urban growth/sprawl. Drenk discusses the existing legal framework surrounding protections and privileges granted to land used for agriculture, the shortcomings of those protections, and the increases needed for appropriate protections in the future. Drenk highlights and acknowledges concerns about population growth, economic growth, and increased housing demands while emphasizing the long-term cultural and economic risks of unchecked development and encroachment. Drenk calls for a balanced approach that safeguards agricultural land while accommodating responsible urban and suburban expansion.
In this blog, 2L Staffer Madelyn Shelton discusses the interplay between the growing California wildfire crisis and the rising unavailability of homeowner’s insurance. She argues that the FAIR plan is only a partial solution, and more sustainable options are needed for the future.
In this blog, 2L Staffer Dylan Diedrich discusses the protections currently in place in Kentucky that are meant to protect pollinators such as bees and butterflies. Diedrich argues that the current protections, while admirable, are inadequate at protecting and restoring pollinator populations because they are voluntary. Since Kentucky primarily relies on voluntary educational programs to protect pollinators, there is no real deterrent to prevent individuals from harming pollinators. Diedrich proposes a system involving true sanctions to encourage proper administration of pesticides to protect pollinator populations.
Blog By: Ben Robinson
In this blog, 2L Staffer Ben Robinson discusses the environmental ideals explaining how other countries have come to give nature "natural rights". He further advocates for a possible solution that replicates the international concept of natural rights, while conforming to and working within the United States legal system.
Blog By: Phillip Burress
In the summer of 2024, the Supreme Court overturned a precedent relied upon for decades by federal agencies. In this blog, 3L Staffer Phillip Burress discusses that with the death of Chevron deference, federal agencies face new challenges and an increased risk of litigation for interpretations they make on ambiguous statutes. Burress points out that many agencies have been preparing for this change for the past decade, and the threat this change imposes may not be as severe as many people think.
In this blog, 3L Staffer Bailey Truitt discusses the current trend of selling horse farms and the push to divide the land into housing in Lexington and all across Kentucky. Truitt discusses that while housing is necessary for Lexington, dividing up agricultural land is detrimental to the historical equine industry as well as contributing to the urban sprawl problem found in Lexington. Truitt argues that maintaining horse farms and agricultural land in and around Lexington is the best choice for the economic development and protection of historical business, as well as the prevention of urban sprawl.
Blog By: Lydia Deaton
In this blog, 2L Staffer Lydia Deaton argues that the agricultural community should apply intellectual property doctrines to solve agriculture’s emerging data security issues. Deaton discusses that so far, neither Congress nor the agriculture industry has provided much guidance on potential solutions to data security issues. Deaton contends that creating legislation with agricultural-specific IP protections would provide the data protections that are needed.
Blog By: Erica Joan Radermacher
In this blog, 2L Staffer Erica Joan Radermacher argues that it is important to prioritize collaboration when considering environmental conservation efforts in Mobile Bay juxtaposed with efforts to spur trade and economic development. Radermacher analyzes arguments of both proponents and critics of dredging the channel of Mobile Bay and pushes for an attitude of partnership between environmental and economic actors.
EVENTS
March 28, 2025 - KJEANRL Volume 17 Symposium titled “Bluegrass: Medical Marijuana in the Commonwealth”
ABOUT
The Kentucky Journal of Equine, Agriculture, & Natural Resource Law (“KJEANRL”) website is an interactive blog providing legal scholars, practitioners, and students a worldwide forum to discuss compelling issues in equine, agriculture, and natural resources law. Responses to articles, notes, and comments published in the print copy of KJEANRL are strongly encouraged. Additionally, the website provides online access to previous print editions of the Journal.
Article by: Lauren Ashley Herrin
In this article, Lauren Ashley Herrin examines the impacts of new FDA veterinary stewardship regulations on backyard chicken farming in rural Georgia. She explains that requiring prescriptions for previously over-the-counter antibiotics disproportionately harms low-income and rural communities by limiting access to affordable veterinary care, worsening risks of disease spread and public health threats. Herrin argues for policy approaches that balance antimicrobial resistance concerns with the realities of rural accessibility. She proposes solutions such as telehealth veterinary consultations, scholarship programs to encourage rural veterinary practice, and expanding prescriptive authority for veterinary technicians to ensure sustainable animal health care in underserved areas