Should It Stay or Should It Go? EPA’s Dicamba Reapproval and the Timing of Judicial Remedies For Vacatur and Stays

Should It Stay or Should It Go? EPA’s Dicamba Reapproval and the Timing of Judicial Remedies For Vacatur and Stays

In this blog, 2L staffer Braden Porter argues that courts reviewing pesticide registrations under the EPA should consider staying judgments, rather than vacating during active growing seasons. Porter explains that while vacatur can correct agency actions, the timing of the decisions can harm farmers who rely on federal registrations to plan for the planting and growing seasons. He argues that courts should exercise their discretion to delay the effects of vacatur and preserve their authority, while preventing disruption to seasonal industries such as agriculture.

An Economy of Scale: How Federal Crop Insurance Favors Big Farms

An Economy of Scale: How Federal Crop Insurance Favors Big Farms

In this blog, 2L staffer Luke Glasscock discusses how a nearly century-old safety net for farmers, dating back to the first farm bill in 1933, has given way to a federal crop insurance program that disproportionately benefits large farming operations. Glasscock contends that if federal crop insurance discouraged risk-taking in agricultural practices and subsidy caps were placed on large farms, not only could this economy of scale be reduced, but also more attention could be given to high-risk small farms.

Brewing Trouble at Home: The Current Tumultuous Legality of Home Distillation and the Constitutional Questions Raised

Brewing Trouble at Home: The Current Tumultuous Legality of Home Distillation and the Constitutional Questions Raised

In this blog, 2L staffer Jack Klier illustrates how the practice of home distillation brings up constitutional questions of taxation, public safety issues, and potential federal overreach. While a recent United States District Court ruling has raised important questions about Congress’s enumerated powers, Klier argues that the ruling is likely not strong enough on its merits to convince the Supreme Court to depart from its decision in Wickard.

Prediction Markets Are Quietly Undermining State Control of Horse Racing and Other Regulated Industries

Prediction Markets Are Quietly Undermining State Control of Horse Racing and Other Regulated Industries

In this blog, 3L Staffer Luke Price discusses the growing use of prediction-market platforms that allow users to profit from horse-race outcomes while operating outside traditional pari-mutuel wagering systems. Price argues that these event-contract trades function as wagering under the Interstate Horseracing Act and should therefore be subject to racing-commission oversight and consent requirements. He contends that without clarification or enforcement, prediction markets could undermine the regulatory framework designed to protect racing integrity and equine welfare. 

Pesticides on Golf Courses: Shooting for the Green, Landing in a Regulatory Gray Area

Pesticides on Golf Courses: Shooting for the Green, Landing in a Regulatory Gray Area

In this blog, 2L Staffer Georgia Arrington discusses how the Environmental Protection Agency’s (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has missed its mark by neglecting to include golf course workers as a covered group under its Worker Protection Standards (WPS). In excluding these workers and excluding golf courses that are not used for sod production from the WPS, Arrington argues FIFRA is failing to provide meaningful protection from the dangers of pesticides on golf courses. Arrington illustrates that if the increased rates of Parkinson’s disease and non-Hodgkin's lymphoma in this cohort are not enough to demand regulatory reform, the EPA's continued approval of pesticides banned in other sectors but still used on golf courses certainly should be. 

Vintage Inequality: Should Wine Labeling Be Treated Differently Solely Based on the Type of Fruit From Which the Wine was Derived?

Vintage Inequality: Should Wine Labeling Be Treated Differently Solely Based on the Type of Fruit From Which the Wine was Derived?

In this blog, 2L staffer Katie Collins argues that the Alcohol and Tobacco Tax and Trade Bureau should permit fruit wines, cider, and mead to display vintage labels, just as grape wines do. Collins takes the position that allowing for truthful, non-misleading vintage labels on non-grape wine allows for transparency to the consumer and creates consistency within the market. 

Who Gets the Farm After the Finale? Agricultural Land Division, Succession, and the Legal Realities Behind Reality TV Relationships

Who Gets the Farm After the Finale? Agricultural Land Division, Succession, and the Legal Realities Behind Reality TV Relationships

In this blog, 2L staffer Jordan Guancione uses the reality television show Farmer Wants a Wife as a cultural lens to discuss the legal consequences of marriage and divorce on inherited farmland, arguing that because farmland is a unique, non-liquid asset, family law should prioritize keeping farms intact during divorce and succession disputes. Guancione advocates for stronger tools to adequately protect farmland, including Kentucky’s adoption of the Uniform Partition of Heirs Property Act to prevent forced land sales. 

When Humans Disappear: Pop Culture's Wilderness Fantasy and the Wilderness Act of 1964

When Humans Disappear: Pop Culture's Wilderness Fantasy and the Wilderness Act of 1964

In this blog, 2L staffer Emma Jury illustrates how popular media often suggests that nature thrives when there is human withdrawal rather than human engagement. she examines how the Wilderness Act of 1964, though celebrated by some, now limits important scientific research and disregards Indigenous land stewardship in many laws. Jury contends that reimagining the wilderness and rewriting our laws to include responsible human use and protection may be essential to preserving our ecosystems and our unique biodiversity.