There’s Not a Snake in My Boot! Discussing Agency Overreach in the Designation of Critical Habits Under the Endangered Species Act

There’s Not a Snake in My Boot! Discussing Agency Overreach in the Designation of Critical Habits Under the Endangered Species Act

In this blog, 3L Senior Staffer Erica Joan Radermacher discusses the recent case of Skipper v. United States Fish and Wildlife Service, in which the court in the Southern District of Alabama ruled for private landowners. Radermacher argues that the abuse of agency power to designate thousands of acres of private lands as critical habitat after only a singular sighting of the black pinesnake on the land in the recent past is an example of government overreach at its most egregious.

A Clear View or a Clouded Future? Kentucky’s Legal Haze Over Air Pollution

A Clear View or a Clouded Future? Kentucky’s Legal Haze Over Air Pollution

In this blog, 3L staffer Dylan Diedrich examines Kentucky's State Improvement Plan to address regional haze in class 1 areas covered by the Clean Air Act, specifically Mammoth Cave National Park. Diedrich takes the position that Kentucky's State Improvement Plan fails to adequately address the issue of haze. By failing to target appropriate pollution generators, the air haze around Mammoth Cave will fail to improve.

Who Owns the Water?

Who Owns the Water?

The way lawmakers define and regulate water ownership will determine the future of farming, cities, and ecosystems. In this blog, 2L staffer Keyera Jackson argues that if lawmakers fail to modernize Kentucky’s water laws, the next drought won’t just dry up streams; it could erode the fairness that water law was meant to protect.

Algal Amendment: Is Enough Being Done About Harmful Algal Blooms?

Algal Amendment: Is Enough Being Done About Harmful Algal Blooms?

Going through all the important changes likely to come from the Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2025, which intends to address harmful algal blooms, 2L staffer Nathan McCoy appraises whether it is effective in its goals. McCoy eventually concludes a finding that the amendment does indeed address the challenges of harmful algal blooms to the extent it could be considered to have fulfilled its purpose. 

Shhh Bourbon Distilling: How the Use of Trade Secrets May Provide Viable Protections for Bourbon Manufacturers

Shhh Bourbon Distilling: How the Use of Trade Secrets May Provide Viable Protections for Bourbon Manufacturers

In this blog, 3L staffer Lydia Deaton discusses the need for additional IP protections within the bourbon industry and the potential use of trade secrets to help protect Kentucky's bourbon distillers. This blog argues that trade secret law offers a practical avenue of protection for bourbon manufacturers, safeguarding mash bills, aging techniques, and blending practices so long as reasonable confidentiality measures are maintained.

Too Much Influence? Asset Managers in the Antitrust Spotlight

Too Much Influence? Asset Managers in the Antitrust Spotlight

Recently, the Federal Trade Commission stepped into a Texas-led antitrust litigation against some of the country’s 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.