Recently, the Federal Trade Commission stepped into a Texas-led antitrust litigation against some of the countries largest institutional investors—BlackRock, Vanguard, and State Street—by filing a statement of interest with the court. In this blog, 3L Jessica Kurtz unpacks the claims levied by the states against the backdrop of the sustainable investment strategies invoked by the companies. Kurtz discusses how asset managers can satisfy their fiduciary duty to insulate their clients from climate risk without running afoul of antitrust laws, particularly cautioning companies managing significant shares in energy companies from agreeing to reduce emissions.

In this blog, 3L staffer Hyeongchan Kim examines the current recycling challenges in the United States by comparing recycling policies across several countries, including Germany, Austria, South Korea, and the United States. He highlights that although each country has its own legal system and procedures, the adoption of standardized recycling laws in US is recommended, drawing on examples from countries with higher recycling rates.

In this blog, 3L staffer Chas Lundy discusses the Trump administration’s attempts to eliminate offshore wind farms in America. Lundy explains the background of renewables in America as well as ongoing litigation regarding a stop work order imposed on a wind farm. Lundy also provides the reactions of powerful figures in the traditional energy industries and takes the position that deviating from offshore wind farms is against the national interest.

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.