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.
While the Kentucky pension crisis remains a focal point among the state government, crippling the state and putting workers at risk, staffer William Hutchins offers up a unique solution: legalizing marijuana. Read more to learn about how Kentucky has the climate, soil, and market that could generate some much-needed revenue.
While most people are in agreement that solar power is a viable alternative to fossil fuels, tensions can arise when communities must bear the burden with none of the benefits. In her debut post, staffer Samantha Blakeman examines why Winchester, Kentucky residents have opposed the introduction of industrial solar farms in their community.
The California Governor has recently issued an executive order mandating all passenger cars sold to be zero-emission vehicles by 2035. In Howard Ball’s post, he breaks down the rationale but brings an air of skepticism to the mandate. Keep reading to learn about the potential drawbacks of this futuristic law.
While COVID-19 has certainly hurt Churchill Downs and the city of Louisville, its effects can be felt by the entire equine industry. Racetracks, stables, and rescues alike will have to find new ways to create revenue and stay in business. Staffer Emily Allender examines the effects of the pandemic on the equine industry and how those involved have adapted.
Think all bourbon barrels should be the same? In staffer Scott Abney’s debut post, he thinks otherwise as he analyzes a proposed federal rule that would require distillers to use a new industry standard. This post breaks down the pros and cons of such a rule and discusses the major pushback from the industry. In the end, Scott will show that the proposed rule not being enacted is worth celebrating - perhaps with a glass of bourbon!
