Keystone Oil Pipeline Plans Plugged

By: Roger Battiston, Senior Staff Member

On January 18, 2012, the Obama administration rejected the application for the proposed 1,661-mile extension of the Keystone Oil Pipeline.[1] The proposed pipeline would span from Hardesty, Canada and cross through six states, ending on the Gulf Coast in Port Arthur, Texas.[2] Proponents of the pipeline have argued that it would supply the U.S. with a steady stream of crude oil from Canada, amounting to hundreds of thousands of barrels per day, and would create jobs that would stimulate the weak U.S. economy.[3] Those opposed to the pipeline project have cited environmental concerns and argue that the pipeline would do very little to curb the U.S.’s dependence on foreign oil. [4]

Because of the profound size of the Keystone Oil Pipeline expansion, it is no surprise that it has become heavily politicized. President Obama had not made a decision on the pipeline for much of 2011, but was forced to approve or deny the application when Congress passed legislation mandating a decision by February 21, 2012.[5] In a statement released from the President, the application was denied, not because of environmental concerns, but because the deadline did not provide enough time for the administration to make an informed decision.[6] The statement noted that the decision “… is not a judgment on the merits of the pipeline, but the arbitrary nature of a deadline that prevented the State Department from gathering the information necessary to approve the project and protect the American people.”[7]

While groups opposing and supporting the project have valid arguments, the Obama administration’s decision is quite laudable. When a project of this magnitude is proposed, careful consideration of its advantages and disadvantages should be made. Rushing the decision could lead to serious unforeseen consequences.

[1] Sanchez, Barack Obama rejects controversial Keystone oil pipeline, The Telegraph, Jan.18, 2012, http://www.telegraph.co.uk/news/worldnews/barackobama/9023975/Barack-Obama-rejects-controversial-Keystone-oil-pipeline.html.

[2]Keystone Pipeline System, 3 (2011)http://www.transcanada.com/docs/Key_Projects/keystone.pdf.

[3] Broder and Frosch, Rejecting Pipeline Proposal, Obama Blames Congress, The New York Times, Jan. 18, 2012, http://www.nytimes.com/2012/01/19/us/state-dept-to-put-oil-pipeline-on-hold.html?_r=1.

[4]Id.

[5] Daly, Obama, GOP back in tussle over oil pipeline, Associated Press, Jan. 19, 2012,http://abcnews.go.com/Politics/wireStory/obama-gop-back-tussle-oil-pipeline-15391420.

[6] Office of Press Secretary, Statement by the President on the Keystone XL Pipeline (2012)http://www.whitehouse.gov/the-press-office/2012/01/18/statement-president-keystone-xl-pipeline.

[7]Id.

Economic Development Spending: Should the Horse Racing Industry be on the Chopping Block?

By: Chris Henderson, Senior Staff Member

The mayor’s proposed budget estimates that the city will receive about 271 million dollars in 2012. This will make 2012 the fourth year in a row that general fund receipts have either declined or remained flat.[1] “Prior to fiscal year 2009 there is only one other year in Lexington’s history in which general fund revenue failed to grow, year-over-year.”[2] The inability to collect enough revenue has forced the Mayor to make deep cuts and crucial layoffs with government personnel. In his annual Budget Address, Gray stated that 28 government employees would be laid off and announced that a hiring freeze would be enacted on both the police and fire departments.[3] With Lexington facing a constrained budget, city leaders must understand that restructuring the local economy begins with making smarter decision about how Lexington spends.

But the essential question is, “why has revenue consistently declined,” specifically when Lexington hosted the World Equestrian Games in 2010? The answer is simple- Lexington did not invest in blue ocean industries. In Kim Chan’s ground breaking book “Blue Ocean Strategy,” she described how businesses can thrive if they “imagine a market universe composed of two sorts of oceans: red oceans and blue oceans.”[4] Red oceans represent all the industries in existence today.[5] In the red oceans, industry boundaries are defined and accepted, and the competitive rules of the game are known.[6] As the market space gets crowded, prospects for profits and growth are reduced.[7] Blue oceans, in contrast, are defined by untapped market space, demand creation, and the opportunity for highly profitable growth.[8]

For example, in preparation for the World equestrian games, “Lexington invested $107 million of local, state, and federal public money for improvements at the horse park and around the city and an additional $151 million in tax money for public works projects.”[9] In addition to the government support, “Businesses put at least $70 million into the games, including $32 million from title sponsor Alltech.”[10] But what did they get in return? Lexington only received an economic impact of 201.5 million to the local economy.[11] To add insult to injury, Lexington lost out on a bid to have the games return to the bluegrass state.[12] Although Kentucky has a long tradition of horse racing, city leaders must strike a balance between preserving the current horse racing culture and creating a new one. In order for Lexington to thrive economically, they must invest in blue ocean industries.

[1] Mayor’s 2012 Budget address,Lexingtonky.gov, http://www.lexingtonky.gov/index.aspx?page=2806 (Last Visited Nov. 29, 2011).

[2]Id.

[3]Id.

[4] W. Chan Kim & Renee Mauborgne R, Blue Ocean Strategy: How to Create Uncontested Market Space and Make the Competition Irrelevant (Harvard Business School Press, 2005)

[5]Id.

[6]Id.

[7]Id.

[8]Id.

[9] Janet Patton, World Equestrian Games: One Year Later, Oct 9, 2011. Kentucky.com/business.http://www.kentucky.com/2011/10/09/1913723/one-year-later-impact-of-world.html (Last Visited Nov. 29, 2011).

[10]Id.

[11] Beshear: world equestrian games brought $201.5 million to local economy, June 27, 2011.http://www.kyforward.com/2011/06/beshear-world-equestrian-games-brought-201-5-million-to-local-economy/

[12] Patton, Supra note 9.

Waiting on the Rain: Drought Ravages the Texas Cattle Industry

By: John Michael Carter, Senior Staff Member

Few remnants of the “Old West” endure in modern America. However, when one thinks of cattle farming in Texas, images of cowpokes and endless ranchland come to mind. It is not difficult to believe that some bastion of the idealized west that so many authors love to write about still remains. However, the Texas cattle industry is currently under attack, and the attacker is not a rouge cow-thief or marauding Indian tribe. Rather, the worst drought in Texas history is to blame.

Texas ranchers waiting for rain in 2011 were sadly disappointed when the state received less than half of its annual rainfall.[1] On December 27, 2011, 97.83% of Texas was in a drought, and 84.81% of the land was experiencing severe drought conditions.[2] These extreme circumstances have had a massive impact on the number cattle in the state. It is estimated that this time last year an extra 600,000 cows roamed pastures in the Lone Star State, but now this portion, representing 12% of the total population, has disappeared.[3]

Many of the missing bovines have been moved north to greener pastures out of state. Farmers were forced to make the move when the lack of rain dried up the grass and pushed the hay and feed prices ever upwards.[4] Other ranchers slaughtered a great deal of the livestock after weighing their options.[5] As supply dropped and the calls for breeding cattle from overseas increased, many cows were shipped out of the U.S. to places such as China and Russia.[6] The most unfortunate victims were the cows that simply perished amidst the sweltering heat and bone-dry landscape. Cattle can ingest over eight gallons of water per day, but this year it appears that the Texan cattle are drinking less than one.[7] When the cattle do encounter water, their extreme thirst causes them to drink too much causing death by “water intoxication.”[8]Furthermore, high temperatures can cause deadly algae growth in watering tanks.[9]

The reduction in cattle population may substantially affect not only the Texas cattle industry, but also the Americans that consume over 20 billion pounds of beef each year.[10] It is estimated that the price of beef will increase by 5.5% in 2012, adding to the 9% increase that was experienced in 2011.[11]

Are there greener pastures ahead for Texan cattle farmer and the beef consuming American? The outlook is grim. According to the Houston Chronicle, “There's growing concern among some scientists that Texas' drought could linger through another dry winter and return next summer to more deeply ravage an already water-stressed state.”[12]

[1] Molly Hennessy-Fiske, Texas Drought Shrinks State Cow Herd, Los Angeles Times Blogs(Dec. 17, 2011, 9:28 PM), http://latimesblogs.latimes.com/nationnow/2011/12/texas-drought-shrinks-state-cow-herd.html.

[2] U.S. Drought Monitor: Texas, University of Nebraska at Lincoln, http://droughtmonitor.unl.edu/DM_state.htm?TX,S (last visited Jan. 22, 2012).

[3] Hennessy-Fiske, supra.

[4] Hennessy-Fiske, supra.

[5] Id.

[6] Id.

[7] John Marsh, Texas Drought Causing Cattle Deaths . . . From Too Much Water?,AccuWeather.com (Jul. 16, 2011, 9:33 AM), http://www.accuweather.com/en/weather-news/texas-drought-causing-cattle-d/52441.

[8] Id.

[9] Id.

[10] U.S. Beef and Cattle Industry: Background Statistics and Information, U.S. Dep’t of Agriculture: Economic Research Service, http://www.ers.usda.gov/news/BSECoverage.htm (last visited Jan. 22, 2012).

[11] Hennessy-Fiske, supra.

[12] Eric Burger, This Summer’s Drought May Worsen Next Year, Houston Chronicle (Aug. 22, 2011, 8:34 PM), http://www.chron.com/news/houston-texas/article/This-summer-s-drought-may-worsen-next-year-2136436.php.

Grand Canyon Mining Ban: Environmentalism v. Industrialism

By: Bradley Harn, Senior Staff Member

In January 2012 the Obama administration announced it had enacted a 20 year ban on new mining permits for approximately a one million acre area around the Grand Canyon.[1]  This reversed the Bush administration’s policy of opening up the area to new mining, and primarily affects the sizable uranium deposits in the area.[2]

Many have praised this policy since it protects the local tourism industry.  “A 2005 study by the University of Northern Arizona shows that Grand Canyon tourism generates $687 million in annual revenue and creates more than 12,000 full-time jobs.”[3]    Environmentalists have also pointed out that the ban would help protect drinking water for 25 million people.[4]  Sandy Bahr, director of the Grand Canyon Chapter of the Sierra Club stated, “Uranium mines are here today, gone tomorrow, but the pollution they leave behind is here for a very long time.”[5]

However, others have been critical of the ban.  Arizona’s Republican Governor Janice Brewer remarked that the ban “comes at the expense of hundreds of high-paying jobs and approximately $10 billion worth of activity for the Arizona economy.”[6]  The Institute for Energy Research issued a release stating, “This latest power-grab by federal regulators is another example of the Obama administration's willingness to use ideologically driven energy policies as a means to control the U.S. economy."[7]  At the same time, however, the currently “approved mining operations could continue and new operations could be approved on valid existing mining claims. In addition, other Federal lands in Arizona and other parts of the country would remain open to hardrock mining claims.[8]  In other words, this ban does not altogether eliminate mining in the area.

Do you feel the President Obama has achieved the correct balance between protecting the environment and creating jobs? What alternative regime would you propose?

[1] Matthew Daly, USA Today, New 20-year Ban on Mining near Grand Canyon is Final,http://www.usatoday.com/money/industries/environment/story/2012-01-09/grand-canyon-mining-ban/52466224/1.

[2] Id.

[3] http://www.policymic.com/articles/3281/obama-rightly-sets-20-year-moratorium-on-uranium-mining-near-grand-canyon.

[4] Katarzyna Klimasinska and Amanda J. Crawford, Ban at U.S. Grand Canyon Pits Tourism Against Mining, http://www.bloomberg.com/news/2012-01-10/uranium-ban-at-u-s-grand-canyon-pits-tourism-against-mining.html.

[5] Daly, supra note 1.

[6] Klimasinska and Crawford, supra note 4.

[7] Deborah Zabarenko, Obama Ban Uranium Mining Around Grand Canyon, http://www.reuters.com/article/2012/01/09/us-usa-grandcanyon-uranium-idUSTRE8081NA20120109.

[8] U.S. Department of the Interior, http://www.blm.gov/az/st/en/prog/mining/timeout.html.

Implementing Stricter Exotic Pets Laws Will Avert Future Animal Tragedies

By: Ena Viteskic, Senior Staff Member

Dozens of lions, tigers, bears and monkeys roamed around the countryside on Tuesday, October 18, 2011.[1] The images of these exotic animals wandering among the general population almost depicted a scene from the “Wild West,” however, Zanesville, Ohio is a far cry from the “Wild West.” When the owner of a private zoo, Terry Thompson, released these animals by breaking the animals’ cages and fences, uproar ensued in the Ohio community.[2] In order to avert public chaos, law enforcement had no other choice but to kill many of these exotic animals.3

Although this horrific incident has attracted nationwide media attention, the perplexing issue of exotic pets is nothing new. In fact, states have struggled for years in regards to the appropriate mechanism for regulating the private ownership of exotic pets. Many states have established total or partial bans on private ownership of exotic pets while other states, including Ohio, do not have a direct ban on owing such animals.[4] Therefore, the question that emerges is whether a direct ban on private ownership could have saved these animals?

Ohio has always been considered the “Wild West” of exotic animals because of its lack of regulation on private ownership of such animals.[5] This tragedy stunned the national community, including Kentucky Wildlife officials. Steven Dobey, a wildlife biologist with the Kentucky Department of Fish and Wildlife Resources stated: “[t]hat was unbelievable, awful and an extremely dangerous situation.”[6] The incident triggered lawmakers across the country to evaluate their existing laws in regards to exotic pet ownership. Pacelle, CEO of the Humane Society of the United States, proclaimed that the “[states] will seek statutory authority. Changes must be made in the law.”[7] The governor of Ohio has also publicly stated that such legal changes will be addressed by the legislature in its next session.[8] In order to implement these changes, states should look to the Kentucky regulation as a model for new laws. According to 301 Ky. Admin. Regs. 2:082, no person may possess inherently dangerous exotic animals.[9] The regulation further explains that “inherently dangerous exotic animals include, but are not limited to tigers, lions, non-human primates, dangerous reptiles, bears, etc.”[10] Of course, the regulation carves out an exception for ownership of exotic animals for educational and research purposes.[11] Based on this regulation, it is clear that private ownership of exotic pets will not be tolerated in Kentucky.

In exotic pet cases, the government has a compelling interest to prohibit the private ownership of such pets. The unregulated ownership of these animals poses a large risk to public safety. Not only are these animals dangerous because of their size and ability to physically harm humans, they are also dangerous because of the potential diseases they carry.  Besides protecting the public at large, these laws will most importantly protect the exotic animals. Such animals require more care and resources than one’s dog, cat, or hamster and it is difficult for states to control the treatment of these animals. As a result, every state in the United States should make it a mission to implement stricter laws in regards to private ownership of exotic pets.  Banning private ownership will allow these animals to live in their natural habitat and not be subject to future tragedies.

[1] Andrew Welsh-Huggins and John Seewer, Zanesville, Ohio Animal Owner Reportedly Traded Guns for Tiger, Monkey, Huff Post Green (Oct. 21, 2011, 09:47PM),http://www.huffingtonpost.com/2011/10/21/zanesville-ohio-exotic-animals-escape-killed_n_1026064.html.

[2] Id.

[3] Id.

[4] Tommy Garret, Wildlife Massacre in Ohio, An Animal Tragedy, Canyon News (Oct 23, 2011, 09:55PM), http://www.canyon-news.com/artman2/publish/National_News_1182/Wildlife_Massacre_In_Ohio_An_Animal_Tragedy.php.

[5] Id.

[6] Gary Garth, Kentucky regs strict on exotics, Courier-Journal.com (Oct 23, 2011, 12:33AM),http://www.courierjournal.com/article/20111022/SPORTS09/310220107/1002/Outdoors-Notebook-Kentucky-regs-strict-exotics?odyssey=mod%7Cnewswell%7Ctext%7CHome%7Cs.

[7] Ohio governor signs executive order on dangerous animals, CNN (Oct 21, 2011),http://articles.cnn.com/2011-10-21/us/us_ohio-animals_1_dangerous-animals-john-kasich-wayne-pacelle?_s=PM:US.

[8] Id.

[9] See 301 Ky. Admin. Regs. 2:082.

[10] Id.; see alsoKentucky State Laws Governing Private Possession of Exotic Animals, Born Free USA, http://www.bornfreeusa.org/b4a2_exotic_animals_state.php?s=ky.

[11] See 301 Ky. Admin. Regs. 2:082

Could the threat of preemption herald a state crackdown on horse trainers who don't follow the rules?

By: Peter Rottgers, Senior Staff Member

Thoroughbred racing is a lot like Ozzy Osbourne. They both did their best work before 1985, in their post prime years both have maintained small but loyal followings, and they both have a tendency to engender conversations about drug use (whether or not that ought to be the case). It’s the later similarity that has garnered the most attention lately. While criticism over performance enhancing drugs and race-day medication has been ongoing for decades, outrage from both the industry and the general public reached its zenith in the aftermath of the Eight Bells tragedy at the 2008 Kentucky Derby. [1] Everyone agreed that something must be done to clean up the sport, but because thoroughbred racing has no central authority to mandate industry wide change, progress has not been as swift enough for some.[2]

To be fair, the states, which promulgate and enforce their own drug and medication rules, have made some progress in reforming the industry.[3] The use of anabolic steroids, blood doping agents like EPO, and “milkshakes” (a mixture of baking soda, sugar and electrolytes usually force fed to a horse via feeding tube [4]) have been effectively eliminated through new regulations and stricter testing.[5] However, even though the states have made some headway on drug and medication reform, the hard issues to be resolved still loom large. While the states should be commended for banning a practice as reprehensible as “milkshaking”, the issue seems to be a relative softball when compared to medications like Lasix. Lasix, a diuretic used to prevent pulmonary bleeding caused by the extreme exertion of a race, is legal in every thoroughbred-racing jurisdiction in North America.[6] Lasix also has performance enhancing qualities and is reputed to mask the presence of other performance enhancing drugs.[7] Yet, swift and uniform change by the states on hard cases like Lasix is probably nothing more than wishful thinking.

The states have also failed to create an effective system of penalizing violators of banned substance rules. As of October 2010, only two of racing’s top 20 trainers by purses won had never committed a drug or medication violation.[8] At least five of those 20 trainers had in excess of 20 drug or medication violations, yet all were still actively training at the time.[9] When compared to the three strike rules in other major American sports [10], thoroughbred racing’s rule enforcement seems laughable.

Two individuals who are not chuckling are Kentucky Representative Edward Whitfield and New Mexico Senator Tom Udall. In May of 2011, Whitfield and Udall presented legislation that called for a federal cleanup of the horse racing industry.[11] The bill seeks to expand Congressional authority over horse racing through amendments to the Interstate Horse Wagering Act of 1978, which gave Congress the power to regulate interstate via phone or other electronic devise.[12] If the Whitfield-Udall bill is anything, it’s bold. It calls for zero tolerance policies for most drugs on race days, and institutes a nationwide three strikes program.[13] The program has received a fair amount of criticism,[14] but the prospect of federal preemption may be just the push the states need to get serious about rule enforcement.

The last thing states want is for the federal government to amend the Interstate Horse Wagering Act. If Congress adopts rules and enforcement procedures, it could also adopt new taxes on the interstate wagers they regulate to pay for rule enforcement, which could explain Rick Dutrow Jr.’s recent headlines.Dutrow, trainer of 2008 Kentucky Derby winner Big Brown, has racked up over 60 drug or medication violations in his career.[15] He is also one of the most successful trainers in the thoroughbred racing industry.[16] Earlier this year, the Kentucky Racing Commission finally revoked Dutrow’s trainer’s license.[17] Last week, the New York Racing and Wagering Board fined Dutrow $50,000 and revoked his trainer license for 10 years [18]. After years of rule breaking, Dutrow is now out of business in two of the country’s most prestigious thoroughbred racing states. This might become the trend with drug and medication rule violators. In order to show Congress that the states are capable of handling horse racing on their own, we could see a crack down on violators in the near future. Maybe federal preemption isn’t the answer, but the threat of federal preemption might prove to be catalyst that gets racing back on track.

[1] Posting of Steve Zorn to The Rail: The New York Times Horse Racing Blogg,http://therail.blogs.nytimes.com/2011/05/14/racings-drug-problem-more-complicated-than-it-looks/ (May 14, 2011, 9:23 EST).

[2] Id.

[3] Id.

[4] Joe Drape, At Breeders’ Cup, a Volatile Mix of Speed and Drugs, N.Y. Times, Nov. 3, 2010, at B16,available athttp://www.nytimes.com/2010/11/04/sports/04racing.html.

[5] Zorn, supra note 1.

[6] Id.

[7] Id.

[8] Drape, supra note 4.

[9] Id.

[10] Deborah Charles and Paul Grant, Factbook: Rules About Steroid Use in U.S. Sport,http://www.reuters.com/article/2008/01/11/us-steroids-rules-idUSN0433166620080111 (last visited Oct. 25, 2011).

[11] Zorn, supra note 1.

[12] Id.

[13] Id.

[14] Id.

[15] Joe Drape, 3 Years After Triple Crown Bid, Trainer Is Given a 10-Year Ban, N.Y. Times, Oct. 12 2011, at A1, available athttp://www.nytimes.com/2011/10/13/sports/dutrow-barred-from-training-horses-in-new-york-for-10-years.html?pagewanted=all.

[16] Drape, supra note 4.

[17] Zorn, supra note 1.

[18] 2 Drape, supra note 15.

Interstate Racing and Wagering and Compact: Can 6 be Uniform?

By: Ashley Payne, Senior Staff Member

Kentucky Governor, Steve Beshear, “ceremonially signed into law the Interstate Racing and Wagering Compact” on May 2, 2011.[1] The act purports to “enable member states to act jointly and cooperatively to create more uniform, effective, and efficient practices, programs, rules, and regulations, and to facilitate the health and growth of the industry by simplifying the process of participating in live horse and greyhound racing and pari-mutuel wagering.”[2] The compact was proposed in response to threats of federal intervention.[3] The goal of the Compact is to make the laws of racing and wagering in each individual state uniform, which, in turn, would make it much easier on persons racing horses in those states to comply with the law. As one proponent put it, “even most casual football fans know that holding is a 10-yard penalty. So imagine the confusion there would be if holding was penalized at 15 yards in a game played in one state, five yards in another state, and not a penalty at all if played in a third state.”[4] While this example is extreme, it is exactly the type of situation the Compact is intended to prevent.

The Compact will allow those member states to “act jointly and cooperatively to create a more equitable and uniform” regulatory framework and the rules adopted will “have the force and effect of state rules or regulations.”[5] Should a member State not comply with the provisions of the Compact, another member state “may initiate legal action, in any state or federal Court,”[6] or may bring a legal action in the United States District Court to enforce compliance with the compact.[7]

This sounds great, right? While such a Compact is great in theory, in practice it may not work so well. As the Kentucky adoption of the Compact indicates, “this compact shall come into force when enacted by any (6) eligible states.”[8] There are currently 38 states that offer pari-mutuel wagering and racing.[9] It is difficult to fathom how the compact will provide the necessary uniformity to remedy the current problems when only six of those 38 states have to ratify the Compact. Clearly more than six states may ratify the compact, but if the Compact does not receive the anticipated support, it will not meet its ultimate goal of uniform rulemaking.

[1] Kentucky Governor’s Message, (May 2, 2011), available at http://governor.ky.gov/pressrelease.htm?PostingGUID={1ECEE2F0-9296-4BFB-822E-7B6D39DAB83C})

[2] Ky. Rev. Stat. Ann. §230.3761(I)(A-B) (West 2011)

[3] Tom LaMarra, State Legislators Told Compact Viable Option, Bloodhorse.com (July 29, 2010 8:21 AM), http://www.bloodhorse.com/horse-racing/articles/58101/state-legislators-told-compact-viable-option

[4] Denis Blake, Efforts to Create an Interstate Racing and Wagering Compact Underway, The Horsemen’s Journal, (Spring 2010), http://www.hbpa.org/HorsemensJournalDisplay.asp?section=3&key1=12739.

[5] Ky. Rev. Stat. Ann. §230.3761

[6] Ky. Rev. Stat. Ann. §230.3761(XI)(B)

[7] Ky. Rev. Stat. Ann. §230.3761 (XI)(A)

[8] Ky. Rev. Stat. Ann. §230.3761 (III)(A)

[9] Beshear, Supra note 1

Modern-Day Slavery: Human Trafficking and the Agricultural Industry

By: Hamida Labi, Senior Staff Member

Human trafficking[1] is often regarded as an international problem, yet it is increasingly becoming a domestic issue. In an effort to curtail the growth of this illegal industry, both houses of Congress have recently proposed bills to reauthorize the Trafficking Victims Protection Act of 2000.[2] This form of human trafficking has a direct impact on the U.S. agricultural industry.

While 46.4% of the human trafficking cases dealt with sexual exploitation, 10.4% of those trafficked were placed in the agricultural industry.[3] How reliable are these statistics? Sex trafficking is more likely to be detected and reported than labor-related involuntary servitude. One reason the impact of human trafficking on the agricultural industry remains undocumented is due to the isolation of the services. Sex trafficking is “inherently transactional” because they must interact with members of the public; however, agricultural workers primarily perform their work in isolation and are transient.[4]

Another major challenge in combating persons trafficked for agricultural production is the prevalence of limited English-speaking abilities among victims. This language barrier prevents authorities from conducting meaningful investigations and members of the public from discovering the work conditions of the agricultural laborers. [5] Finally, the employment parameters imposed on foreign nationals who hold H-2A visas also contribute to increased opportunity for human trafficking.[6] These visas are available for individuals to work temporarily in the U.S. An employer must file a petition on behalf of the intending temporary worker.[7] If the worker attempts to seek work elsewhere, the visa is invalidated.[8] This creates a need for a permanent relationship with one’s employer in order to retain the visa. Therefore, these visa holders are less likely to report incidents of forced labor and slave-like work conditions.

As mentioned previously, this is not solely a domestic issue. Organized criminal networks in the United Kingdom often traffic young men from countries such as Vietnam to work in cannabis farms.[9] Referred to as “gardeners”[10], they are found in destitute working conditions and, if caught, are subsequently treated as offenders rather than victims of human rights abuses. Gardeners and illegal immigrants should not be held criminally liable considering they are operating under a state of duress. It is imperative that legal authorities and communities are trained in how to recognize signs of human trafficking, and, if discovered, victims should be afforded proper legal remedies. Kentucky is a state with a major agricultural industry, and Kentucky legislators must increase their efforts to monitor and punish parties that engage in human trafficking.

[1] Under the Trafficking Victims Protection Act of 2000, one definition of severe forms of trafficking in persons involves “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” Fact Sheet: Human Trafficking, U.S. Department of Human and Health Services: Administration for Children and Families,http://www.acf.hhs.gov/trafficking/about/fact_human.html (last updated June 28, 2011).; See alsoLabor Trafficking in Agriculture, Polaris Project, http://www.polarisproject.org/human-trafficking/labor-trafficking-in-the-us/agriculture-a-farms (last visited Oct. 17, 2011).

[2]The Trafficking Victim’s Protection Reauthorization Act of 2011, International Justice Mission,http://www.ijm.org/justice-campaigns/tvpra (last visited Oct. 17, 2011).

[3] Shelley Cavalieri, The Eyes that Blind Us: The Overlooked Phenomenon of Trafficking into the Agricultural Sector, 31 N. Ill. U. L. REV. 501, 507 (2011) available athttp://niu.edu/law/organizations/law_review/pdfs/full_issues/31_3/Cavalieri%20final%202.pdf

[4]Id. at 514.

[5]Id.

[6]Id. at 515.

[7]Id.

[8]Id.

[9] Neil Puffett, Help for trafficked children caught in cannabis farms, Children and Young People Now(Sept. 14, 2010), http://www.cypnow.co.uk/news/1027921/News-Insight-Help-trafficked-children-caught-cannabis-farms/.

[10]Id.

Living on Peanuts: How the Drought in the South May Affect Lexington’s Economy

By: Christopher Henderson, Senior Staff Member

The Jif factory in Lexington, Kentucky has been a source of employment for many lexitonians for a long while. However, should factory workers brace themselves for a pink slip? With Jif’s prices expected to rise more than 30 percent, peanut butter customers might skip their afternoon snacks, which should be expected to lower Jiff’s profits.[1] “The U.S. Department of Agriculture estimates the current spot price for a ton of unprocessed Runner peanuts, commonly used in peanut butter, at about $1,150 a ton, which is up from about $450 a year ago."[2] In New Jersey, this would increase the price of peanut butter by 94 cents at Target.[3]

What’s the cause of the increased cost? No, not labor contracts. No, not increased taxes. The weather is to blame. In Georgia, the leading U.S. peanut producing state, the planting season was the driest in memory for John Harrell, a sixth- generation peanut farmer in Whigham, Ga.”[4] In Texas, the record long drought destroyed many of the states peanuts that would have been turned into edible-quality crops during the season.[5] In fact, only 38% of the U.S. crop was rated good to excellent last month, down from 60% a year ago.[6]

If Jif runs into financial difficulty because of the decrease in peanut consumption, this may have a dramatic effect on Lexington’s already high unemployment rate, which is currently at 7.4%.[7] In Mayor Jim Gray’s economic address, he stated that the city was bracing for another year where the General Fund receipts would have either declined or remained flat.[8] Can the city afford more layoffs?

[1] Paul Ziobro, Peanut- Butter Makers Face Crunch. Wall Street Journal, Oct. 10, 2011, at B3.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Department of numbers.com, Lexington-Fayette, Kentucky Unemployment,http://www.deptofnumbers.com/unemployment/kentucky/lexington/ (last visited Oct. 16, 2011)

[8] Mayor’s 2012 Budget Address, http://www.lexingtonky.gov/index.aspx?page=2806 (last visited Oct. 16, 2011)