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 In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.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, 2L staffer Samuel Lay examines a new method to apply 5th Amendment Takings Claims in response to changing regulations regarding Solar Farms built on farmland in Lexington, Ky. Lay breaks down the changing landscape regarding the city’s solar regulations. This is followed by a proposed new method in determining what constitutes total economic deprivation for a per se takings. The proposed change would alter the current meaning of total deprivation to depriving the owner of the value they have in the land. Lay argues that this new method is fairer to those who want to build solar farms in Lexington but may be discouraged due to the ever-changing landscape of solar regulation in Lexington.

In this blog, 2L staffer Emma Johns explores the expansion of solar energy projects on reclaimed coal lands in Eastern Kentucky. She argues that although these developments offer potential economic and environmental benefits, current legal and regulatory systems fail to adequately protect landowners and local communities. She concludes that stronger regulations and greater community protections are necessary to ensure a fair and effective transition to renewable energy.

In this blog, 2L staffer Sophia Sears analyzes the Prevent All Soring Tactics (PAST) Act, recently introduced to the 119th Congress, which proposes regulations that strengthen the Horse Protection Act (HPA) by broadening the definition of soring, increasing penalties for violations, and replacing the current self-regulatory structure with USDA-administered oversight. Sears argues that such reforms are necessary to address potential conflicts of interest in the current structure and better prevent equine abuse. Ultimately, Sears contends that federal regulations that deliberately combat abuse against horses are essential for preserving the equestrian industry's social license to operate-- such regulations ensure public acceptance of horse-participation in competitive sport.  

Chronic Wasting Disease has spread to Kentucky's wild deer population despite decades of regulatory effort, and the state's current framework of surveillance zones, carcass transport restrictions, and captive cervid compliance requirements imposes significant burdens on hunters and farmers while producing diminishing returns against a prion that persists in the environment for years regardless of county lines. In this blog, 2L staffer Chase Turner argues that Kentucky should complement its existing regulatory tools with a structured pilot program allowing state agencies and licensed cervid farms to collaborate on selectively breeding deer carrying less susceptible PRNPgenetic variants, drawing on peer-reviewed research demonstrating that targeted selection can dramatically reduce the frequency of highly susceptible genotypes within a herd. Rather than abandoning containment strategies, Turner calls on Kentucky policymakers to follow the emerging science and make the herd itself part of the solution by shifting some of the focus from restricting what hunters and farmers can do toward building biological resilience into the deer population

In this blog, 2L staffer Kimberly Thomas examines how environmental law is a means to combat the construction of new immigration detention centers that risk local ecosystems and waterways. Kimberly argues that circuit courts must characterize the construction of immigration detention centers as a "major federal action" under NEPA for the safety of our environment. 

In this blog, 2L Staffer Christina Grimes examines the growing crisis of textile waste in the United States’ landfills as a result of the fast fashion industry. She highlights the serious environmental consequences of this waste, particularly from synthetic fibers commonly used in fast fashion, which can cause significant harm to the surrounding air, soil, and water. Grimes argues that Kentucky should take steps to mitigate this waste by implementing an Extended Producer Responsibility (EPR) program, similar to California’s program, which shifts the responsibility from municipalities to fashion producers for textile end-of-life accountability.

In this blog, 2L staffer Mira Talwalkar looks at the newly proposed Kentucky Senate Bill 178, which would prohibit any state environmental regulations from being more stringent than federal ones. Talwalkar argues that this bill ignores Congress’s intentions to give states freedom in determining how they implement local environmental regulations, and is especially concerning in Kentucky, where environmental toxins are present at a higher level than those nationally. 

In this blog, 2L staffer Lakyn LeMaster argues that Kentucky should adopt stronger safety precautions for private well users. She explains how current regulations leave users unnecessarily exposed to serious health risks posed by common contaminants. LeMaster recommends that Kentucky follow the lead of other states by implementing affordable water testing programs and requiring routine monitoring.

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.