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Too Much Influence? Asset Managers in the ...

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

Too Much Influence? Asset Managers in the Antitrust Spotlight
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Recycling Around the World: How Other Countries ...

In this blog, 3L staffer Hyeongchan Kim examines the current recycling challenges in the United States by comparing recycling policies across several countries, including Germany, Austria, South Korea, and the United States. He highlights that although each country has its own legal system and procedures, the adoption of standardized recycling laws in US is recommended, drawing on examples from countries with higher recycling rates.

Recycling Around the World: How Other Countries See Room for Improvement in U.S. Recycling System
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Mortgaging America’s Environmental Health Under ...

In this blog, 3L staffer Chas Lundy discusses the Trump administration’s attempts to eliminate offshore wind farms in America. Lundy explains the background of renewables in America as well as ongoing litigation regarding a stop work order imposed on a wind farm. Lundy also provides the reactions of powerful figures in the traditional energy industries and takes the position that deviating from offshore wind farms is against the national interest.

Mortgaging America’s Environmental Health Under the Guise of National Security: The Trump Administration’s Assault on Offshore Wind Farms
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The Greatness of a Nation: How United States v. ...

In this blog, Executive Editor Peyton Mills argues that United States v. Stevens, which held that depictions of extreme animal cruelty are not categorically unprotected by the First Amendment to the U.S. Constitution, effectively rubber-stamps animal cruelty by hindering prosecutors and emboldening animal abusers. He asserts that Justice Samuel Alito's dissent should pave the way forward for animal rights. 

The Greatness of a Nation: How United States v. Stevens Continues to Rubber Stamp Animal Cruelty
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An Imperfect Solution: Why the Current H-2A ...

In this blog, 3L Staffer Samuel Larrabee argues that the H-2A visa program should be the solution to deported immigrant farm laborers but because of the program's shortcomings, it fails to fill the void. The Department of Labor's recent regulations could help prevent worker abuse that occurs under the program but because courts have stepped in and found that those provisions violate separate law, any meaningful reform of the program likely requires congressional action. 

An Imperfect Solution: Why the Current H-2A Visa Program cannot Make up for Deported Farm Laborers

Lighthizer’s Options: Where to go when Trade and Science Collide?

Lighthizer’s Options: Where to go when Trade and Science Collide?

Robert Lighthizer has set his department’s sights on attacking overseas regulations restricting the importation of American GMO crops and other agricultural products made possible by technological innovation.The question now turns to how the new taskforce will accomplish this objective.

 

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Indiana Farmers Unhappy About 100-Mile Powerline

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Indiana Farmers Unhappy About 100-Mile Powerline

The Northern Indiana Public Service Company (NIPSCO) has decided to install a 100-mile electrical transmission line starting in Reynolds, Indiana and ending in Topeka, Indiana. This $270 million dollar transmission line is supposed to help improve Indiana’s access to wind and solar renewable energy and maybe even lower the cost of energy and reduce greenhouse gases. However, this new powerline has been a matter of dispute with local Northern Indiana farmers who are complaining that the 100-mile powerline is interfering with their farms.

State Legislators Heating Up the Debate Over Greenhouse Gas Emissions

State Legislators Heating Up the Debate Over Greenhouse Gas Emissions

In wake of President Trump’s stance on global warming and greenhouse gas emissions, some states have taken it upon themselves to introduce legislation that would curb greenhouse gas emissions by taxing fossil fuel products and emissions.

Tug of War for the Future of Fantasy Horse Racing: The Stronach Group v. Horse Racing Labs

Tug of War for the Future of Fantasy Horse Racing: The Stronach Group v. Horse Racing Labs

Since 2006, the total pari-mutuel handle within the horse industry has steadily declined. In an effort to halt this decline, some in the equine industry have attempted to invent new ways to create interest in the sport by tapping into the growing daily fantasy sports industry.  In the case Derby Wars, a fantasy horseracing website, the Central District of California put a halt to one of those efforts.

Does Mandatory GMO Labeling Further a Compelling Public Interest?

Does Mandatory GMO Labeling Further a Compelling Public Interest?

In 2016, Congress passed a law requiring labeling of bioengineered food products, more commonly known as Genetically Modified Organism or GMO food products. Many believe this mandatory labeling requirement is unconstitutional. The reason for this belief, surprisingly, derives from a 2015 Supreme Court case regarding road signage in Arizona.

Homemade, Natural Skin Healing Products Land Bath County Amish Man in Federal Prison

Homemade, Natural Skin Healing Products Land Bath County Amish Man in Federal Prison

Meet Sam Girod: An Amish man and father of twelve from Bath County, Kentucky. Girod produces various forms of salves (i.e., products used to heal and protect the skin) out of his home in Bath County. Girod sold his “Chickweed Salve” out of his home and in small convenience stores in Kentucky and Missouri. In 2013, Girod was reported to authorities in Missouri, leading to an injunction being ordered by a federal judge and the involvement of authorities in Kentucky. Of particular concern was Girod’s “Chickweed Salve,” containing natural ingredients such as rosemary, beeswax, and olive oil.

What Are Navigable Waters?

What Are Navigable Waters?

In June of 2015, the Environmental Protection Agency (EPA) published new definitions in the Federal Register, redefining the “waters of the United States.” One of the new definitions expands the traditional meaning of “navigable waters” from exclusively large bodies of water that facilitated interstate commerce to almost any body of water found in the United States, including small creeks and farm ponds. This has led to a large uproar across the country with numerous organizations challenging the new regulation, implemented with no Congressional oversight.