The Kentucky Journal of Equine, Agriculture, and Natural Resources Law
PUBLICATIONS
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 In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.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
Blog By: Camille Camp
In this blog, 2L Staffer Camille Camp discusses the threat black vultures pose to the livestock industry and the proposed bill aimed at assisting livestock producers. Additionally, she highlights the essential ecological function served by black vultures and stresses the importance of finding a sustainable solution that both addresses the threat to livestock and preserves the black vulture population.
Blog By: Daniel Martell
In his blog, Vol. 17 Executive Editor Daniel Martell reports on a barrier in the transition to clean energy: local opposition to solar projects in rural communities. While opposition groups have delayed and derailed solar projects in the past, Martell argues that there are steps that solar farm developers can take to the conflict and cost that come with public opposition to their energy projects.
Blog By: Daniel Short
2L Staffer Daniel Short discusses the Kentucky legislature's decision to create an acreage requirement for hunting and fishing licenses, exempt private landowners. Shortly after, the legislature rescinded the rule, which Short argues was the right decision because of the requirement's uncertainty in enforcement and effectiveness, as well as the detriment to resident outdoorsmen.
Blog By: Caroline Butler
In this blog, 3L Staffer Caroline Butler discusses a $320 million, 2,000-acre proposal to expand Bluegrass Station to include a military airport was made public. Butler argues that this proposal and the problems surrounding it, such as eminent domain and public pushback.
Blog By: Madison Boggs
In her blog, 2L Staffer Madison Boggs discusses the passage of the Whole Milk For Healthy Kids Act in the House of Representatives. The Act seeks to amend existing federal regulations governing school lunches, allowing schools to offer a broader range of milk choices to students, including whole, reduced-fat, and fat-free varieties. Boggs emphasizes the significant contribution of discarded milk in school cafeterias to food waste and advocates for expanding beverage options, including plant-based milks, in schools to tackle this widespread issue.
Blog By: Matthew Pakkala
In this blog, 3L staffer Matthew Pakkala discusses the ongoing crisis facing the Florida manatees. He briefly introduces the main threat—algae blooms—and details the situation unfolding in the Indian River Lagoon. Pakkala advocates for the Florida manatee to be reclassified as "endangered" under the Endangered Species Act of 1973.
Blog By: Christian T. Deeter
In his blog, 3L Staffer Christian Deeter argues that the Fifth Circuit should hold the Horseracing Integrity and Safety Act (HISA) constitutional because it does not violate the non-delegation and anti-commandeering doctrines. The amended version of HISA adequately reformed the Authority, making it sufficiently subordinate to the Federal Trade Commission (FTC). Deeter supports his opinion with an analysis of the Fifth and Sixth Circuit’s recent rulings.
Blog By: Jose Herrera
In this blog, 3L Staffer Jose Herrera examines the extensive consequences of the booming avocado industry in Michoacán, Mexico. Herrera highlights environmental and social concerns that result from deforestation and corruption and advocates for regulatory reforms to address environmental degradation and safeguard community well-being.
Blog By: Sydney LaRue
The cruise ship industry has a history of harming the environment but has recently implemented energy-efficient technology to limit the amount of greenhouse gases and other waste produced by cruise liners. In this blog, 3L Staffer Sydney LaRue argues that these actions are not enough and that increased regulations on cruise ships are the answer to decreasing the harm cruise liners have on the environment.
Blog By: Nathaniel Richey
In this blog, 3L Staffer Nathaniel Richey discusses how the patent system has the potential to hinder innovation in the agricultural industry. Richey argues in favor of a statutory research exemption from infringement of plant utility patents, drawing parallels with the statutory research exemption applicable to pharmaceuticals and medical devices under the Hatch-Waxman Act.
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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.
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.