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

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 In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.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.

In this blog, 3L senior staffer Shelby Davidson analyzes the economic boom and rise of generative AI companies which have led states to scramble for the opportunity to capitalize on the growth, creating tax incentives to encourage the construction of new data centers. Davidson highlights the environmental threats posed by data centers, including excessive electricity and water usage, which has led to different approaches to regulation. Davidson argues Kentucky should follow Virginia’s system, with a strict regulatory framework, rather than West Virginia, which has given data centers almost entirely free rein, to the detriment of its citizens.

In this blog, 3L senior staffer Reed Burrow examines how Taiwan’s dominance in chip manufacturing has placed the island at the center of a potentially major geopolitical conflict. Burrow argues that Taiwan’s “silicon shield” remains a powerful deterrent to Chinese invasion, but warns that its strength ultimately depends on the water and energy resources needed to sustain chip production.

Kentucky's 67,700 farms represent an untapped opportunity in the voluntary carbon credit market, but transaction costs have kept small farmers on the sidelines of a rapidly developing global credit supply. In this blog, 2L staffer Spencer Harris argues that the Kentucky Agricultural Development Board already holds the mandate and the money through the state's $2.8 billion share of the Tobacco Master Settlement. This money can be used to subsidize the verification costs that stand between tobacco-legacy farmers and a new, recurring income stream.

In this blog, 3L senior staffer Caidan Drenk examines the growing tension between Kentucky’s statutory recognition of agritourism and the continued use of local zoning authority to regulate farm-based events such as weddings and festivals. He argues that although Kentucky law expressly recognizes these activities as agritourism, local land-use regulations can still create significant uncertainty for farmers seeking to diversify their operations. Drenk contends that the Kentucky General Assembly should clarify the relationship between agritourism statutes and local zoning authority to better protect working farms and promote agricultural sustainability.

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.

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.

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.

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. 

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. 

In this blog, 2L staffer Nicholas Marini explores the ramifications of a recent EPA ruling affirming the right to repair. For years, farm equipment manufacturers paid steep premiums to repair their equipment with the manufacturers, not because the quality was better, but because they were legally required to do so.