In this blog, staffer Aaron Withers examines House Bill 320, which in 2024 shortened Kentucky's limitations period for civil rights and wrongful-discharge claims from five years to three without saying whether the change reaches claims that had already accrued. Withers argues that under KRS 446.080(3), claims that accrued before July 15, 2024 remain subject to the five-year period, and that courts lack authority to write in the grace period the General Assembly left out. He urges the General Assembly to adopt a default transition rule in KRS Chapter 446, explaining why certainty matters to Kentucky farms and mineral interests.
In this blog, 3L staffer Emma Johns examines how equine genetic testing raises questions about control over genetic information and disclosure obligations in Kentucky horse sales. She argues that Kentucky should encourage clearer sale and testing agreements governing disclosure, sample retention, and data use, while clarifying when known genetic results trigger the warranty exception for sellers who knowingly sell diseased animals.
In this blog, 3L staffer Jordan Guancione explores how Kentucky divorce courts should value unborn racehorses by looking to how courts have divided unvested pensions and stock options. She examines the “immediate offset” method as a potential solution for dividing an asset whose future value remains uncertain.
In this blog, 2L staffer Kristen Bailey analyzes Disney's “Living with the Land” attraction that takes guests through a tour of one of Disney's greenhouses, showcasing their innovative and sustainable agricultural practices. Disney goes above state regulations and follows stricter self-created guidelines, posing the question of whether state law adequately protects indoor agriculture when Disney is going beyond state and federal regulations to create their own. This blog argues that states should enact more specific and detailed regulations regarding indoor agricultural practices in order to best protect our environment.
In this blog, 3L staffer Lakyn LeMaster analyzes how the increasing popularity of GLP-1 medications may be reshaping consumer food habits and, in turn, impacting Kentucky’s agricultural industry. LeMaster addresses the risks that changing demands could create for Kentucky, particularly as consumers purchase less ultra-processed and fast food while showing increased interest in fresh foods. Ultimately, she argues that Kentucky’s agricultural community should proactively monitor these trends and encourage diversification to ensure producers are prepared for an evolving market.
The children’s classic Everyone Poops taught us everybody poops this of course includes animals. However, one thing this classic failed to mention is that animal waste can be hazardous to both humans, and the environment. The story of Gene and Austin Opheim is perfect example of the unexpected danger of animal waste.
Thoroughbred racing in Kentucky is a major industry. In 2015 over 1,800 Thoroughbred races were conducted within the Commonwealth’s borders and those races accounted for over $100 million in purses. Kentucky engages in the practice of “claiming races” as the majority of Thoroughbred races in the United States are claiming races. In a claiming race, each horse is subject to claim, or sale, at a value stated prior to the race. The advantage of this type of sale is that new owners are able to race the claimed horse almost immediately.
A storm is brewing in the United States District Court for the District of Columbia. In May of 2016, a suit was filed against the Environmental Protection Agency (“EPA”) by a multitude of plaintiffs, including prominent environmental protection groups such as the Natural Resources Defense Counsel, Earthworks, and the Environmental Integrity Project. The suit alleges that the EPA has “failed to meet continuing nondiscretionary duties” under the Resource Conservation and Recovery Act (“RCRA”).
A triumph for beekeepers occurred in mid-May 2016, as a federal judge refused to dismiss a lawsuit claiming that the U.S. Environmental Protection Agency (EPA) illegally widened exemptions for pesticides responsible for killing bees. The pesticides at issue are neonicotinoids, which are systemic pesticides. Systemic pesticides, rather than remaining on the surface of the treated plant, are taken up by the plant and transported to all tissues, including the pollen and nectar. Dubbed “neonics”, they are the most widely used insecticide globally, marketed by Syngenta and Bayer, and are readily mobile and persistent once placed into an ecosystem.
Most people take it for granted that when they turn on their faucet, a stream of water will flow forth, ready to be used for whatever purpose they deem necessary. It is likely that a majority of people never consider where that water comes from or the journey it takes from its source to their home. However, the people of the Apalachicola-Chattahoochee-Flint (ACF) River basin, spanning parts of the states of Georgia, Alabama, and Florida, have recently been forced to consider the origin of their water.
“December 7, 1941—a date which will live in infamy—the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.” Although the United States resisted valiantly and heroically, the surprise attack on Pearl Harbor devastated the American people, with loses of 2,343 military personnel, 960 missing, and 1,272 wounded. Japanese forces brought destruction upon the United States Navy, crippling its air and naval forces stationed at the harbor. Most notably, the sinking of the U.S.S. Arizona—a 600-foot long, 31,400-ton battleship, which was the site of of over half of the total casualties from the attack. Today, the U.S.S. Arizona acts as a resting place ofthose trapped within its bulkheads. Despite the possibility of recovering the remains, the United States erected a memorial over the sunken ship in 1962 and declared it a national landmark in 1989. Proponents of the United States’ decision to not disturb the ship, or those within it, see the ship as a “fitting resting place for [those] who died on board.” After carefully considering all factors at play and the sensitive nature of this issue, I say raise the ship.
In April 2014, Flint switched its tap water source from Lake Huron to the Flint River, and its drinking water became contaminated with lead. Government officials made the switch even though there was evidence that the Flint River’s “corrosive nature” could cause old pipes to secrete lead into the city’s tap water. Government officials knew the water was lead-tainted, yet they assured Flint residents that their water was safe to drink. Currently, Flint water once again comes from Lake Huron, but the damage to the city’s water has already been done.
Radioactive waste had been dumped in a southern Kentucky landfill. State officials have undertaken an investigation to determine how and why the waste was dumped in the Commonwealth. Officials with the state have said that between 1,600 and 1,800 tons (over 3 million pounds) of waste was dumped in Estill County’s Blue Ridge Landfill. The waste was stored and disposed in forty-seven sealed containers, and delivered to the landfill between July and November of 2015.
