Kentucky Journal of Equine, Agriculture, and Natural Resources Law

Friday, August 1, 2014

“Citizen Science” and the New World of EPA Regulatory Enforcement


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By: Quinn Hill, Staff Member

In March, 2013, the Environmental Protection Agency delivered a presentation at an Air Monitoring Workshop describing what it termed “Next Generation Air Monitoring”.[1] The goal was to spur development of new air monitoring technologies, primarily localized and low-cost alternatives to the more expensive method of traditional, stationary lab analysis.[2] More specifically, the presentation emphasized the promise of active citizen involvement via “citizen science”.[3]

“Citizen science” is essentially the process of a non-professional scientists engaging in academic and scientific research, and combining that research with that of other non-professional scientists to promote data analysis and technology development. In plain english: “citizen science” is a type of crowd-sourcing, where ordinary individuals collect and exchange data to further some type of scientific end.[4]

Wednesday, July 30, 2014

SCOUTS Opinion Allows EPA More Regulatory Power


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By: Catherine Gavin, Staff Member

The Supreme Court took away some of the Environmental Protection Agency’s (EPA) power on Monday June 23, 2014. In an opinion written by Justice Scalia in Utility Air Regulatory Group v. Environmental Protection Agency, the Court took away some of the EPA’s power to impose harsher emission standards.[1] However, the Court simultaneously protected a majority of the EPA’s power to regulate greenhouse gases.[2]

The 5-4 decision was handed down with Justice Scalia writing for the majority. Justice Thomas and Justice Alito joined the opinion in Part I, II-A, II-B-1.[3] Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan joined Part II-B-2.[4] 

Wednesday, July 9, 2014

A ‘Vicious’ Animal Named Scuppy

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By: Lynsey Freeman, Staff Member 

The horse industry in Connecticut was thrown into turmoil in May of 2006 at the hooves of a horse named Scuppy. In Vendrella v. Astriab Family Limited Partnership, the Supreme Court of Connecticut recently released its 6-0 decision in April, affirming the Appellate Court’s ruling that a horse belongs to “a species naturally inclined to do mischief or be vicious.”[1] Specifically, the Court held as a matter of law, owners or keepers of a domestic animal, even one that have not previously displayed mischievous propensities, have a duty to take reasonable steps to prevent injuries that are foreseeable because of the animal's naturally mischievous propensities.[2]The ruling stemmed from when a young boy tried to pet a horse named Scuppy at a Milford farm.[3] The animal stuck his neck out from behind a fence and bit the child on his right cheek, “removing a large chunk of it.”[4]

Tuesday, April 29, 2014

Taking a Stride Back: Dirt Track Changes Coming to the Bluegrass

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By: Eric Finke, Staff Member

Horse racing returns to the Bluegrass as Lexington once again becomes the horse capital of the world.[i] This spring will offer the last meet on the current synthetic track as the President of Keeneland, Bill Thomson, announced last week that “a state of the art dirt track” will once again become the racing surface. [ii] Keeneland has long been the final tune-up for many horses that have hopes of running in the Oaks and the Derby at Churchill Downs.[iii]

Tuesday, April 22, 2014

EPA Proposal Takes Great Steps to Broaden Clean Water Act Jurisdiction

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By: Connor Egan, Editor-in-Chief

On March 25, 2014, the Environmental Protection Agency and Army Corps of Engineers released a proposed rule amending the Clean Water Act.[1] The proposal is a response to a near decade of demand by state and federal legislators and environmental groups to clarify the extent of the Act’s jurisdiction.[2]