Kentucky's 67,700 farms represent an untapped opportunity in the voluntary carbon credit market, but transaction costs have kept small farmers on the sidelines of a rapidly developing global credit supply. In this blog, 2L staffer Spencer Harris argues that the Kentucky Agricultural Development Board already holds the mandate and the money through the state's $2.8 billion share of the Tobacco Master Settlement. This money can be used to subsidize the verification costs that stand between tobacco-legacy farmers and a new, recurring income stream.
In this blog, 3L senior staffer Caidan Drenk examines the growing tension between Kentucky’s statutory recognition of agritourism and the continued use of local zoning authority to regulate farm-based events such as weddings and festivals. He argues that although Kentucky law expressly recognizes these activities as agritourism, local land-use regulations can still create significant uncertainty for farmers seeking to diversify their operations. Drenk contends that the Kentucky General Assembly should clarify the relationship between agritourism statutes and local zoning authority to better protect working farms and promote agricultural sustainability.
In this blog, 2L staffer Braden Porter argues that courts reviewing pesticide registrations under the EPA should consider staying judgments, rather than vacating during active growing seasons. Porter explains that while vacatur can correct agency actions, the timing of the decisions can harm farmers who rely on federal registrations to plan for the planting and growing seasons. He argues that courts should exercise their discretion to delay the effects of vacatur and preserve their authority, while preventing disruption to seasonal industries such as agriculture.
In this blog, 2L staffer Luke Glasscock discusses how a nearly century-old safety net for farmers, dating back to the first farm bill in 1933, has given way to a federal crop insurance program that disproportionately benefits large farming operations. Glasscock contends that if federal crop insurance discouraged risk-taking in agricultural practices and subsidy caps were placed on large farms, not only could this economy of scale be reduced, but also more attention could be given to high-risk small farms.
In this blog, 2L staffer Jack Klier illustrates how the practice of home distillation brings up constitutional questions of taxation, public safety issues, and potential federal overreach. While a recent United States District Court ruling has raised important questions about Congress’s enumerated powers, Klier argues that the ruling is likely not strong enough on its merits to convince the Supreme Court to depart from its decision in Wickard.
In the past, hemp farmers struggled to secure financial capital to run viable farms. However, the passing of the 2018 Farm Bill launched a series of federal legislation that aided farmers interested in the THC industry. The SAFE Banking Act is the newest piece of federal legislation that provides a safety net for banks to lawfully work with the hemp industry without being subject to the heightened regulatory scrutiny necessary to work with the marijuana sector. In this blog post, 2L staffer Vincent Kleindienst explores the impact of the SAFE Banking Act.
Historically, the United States has not done the best job protecting Native American land. Currently, the Tap Pilam Coahuiltecan Nation is fighting in federal with the city of San Antonio over a sacred cemetery. In this post, Savannah Baker examines federal agencies’ role in keeping sacred sites sacred.
The Trump administration’s Affordable Clean Energy Rule (“ACE”) improves the efficiency of power plants, but what does this mean for the environment and climate change? In this post, staffer Joy Kleisinger explores the administrative challenges to saving the environment while enforcing Trump’s ACE rule.
The Kentucky Horse Racing Commission (“KHRC”) must make an important decision by November 1, 2019. This decision comes after a battle between Chuch Hill Downs and Turfway park ensued earlier this year over the rights to host horse racing in Northern Kentucky. In this blog post, staffer Tommy Staffieri analyzes the ramifications of awarding Turfway race days against the proposed Churchill Downs’ New Latonia facility.
