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.
Black Farmers have been robbed and deprived of their farming land by way of racist policies, racial acts of terror, and heir divestment…and it needs to be addressed. In her blog post, 3L staffer Maya Marshall discusses the impact of stripping black farmers of land, and proffers solutions worth more than just consideration.
You’ve been asked the question countless times: paper or plastic? But have you ever thought about how many single-use plastic bags retail stores across America go through? In this piece, staffer Scott Kunde examines the detrimental effects of single-use plastic bags and calls state legislators and consumers alike to act now.
Everyone loves an underdog story; but unlike your favorite movie, book, or podcast, the reality is much less glamorous for farmers in India. In response to unfavorable and new agricultural proposals, Indian Farmers have taken to the streets of New Delhi to protest. In her blog post, 2L staffer and EIC-elect, Jocelyn Lucero, explains the Famers’ plight.
While President Biden’s recent executive order regarding the Keystone Pipeline may seem like a major win for its opponents, the battle is far from over. In this piece, 3L staffer Taygan Mullins discusses the impact of this decision and asserts that this may only be a temporary victory for those supporting the order.
While climate change has become a global problem, climate action in the United States remains a hotly contested political issue. This has lead to a complete lack of any meaningful, comprehensive climate plan. In this piece, staffer Shelby Lamar examines how the new administration has begun to deal with climate change and explores a potentially helpful political tool to get climate change legislation passed through even without bipartisan support.
In modern times, food safety is something that we all take for granted. Food labeling, a practice that predates the FDA, remains crucial to the safety of Americans. In this post, staffer Abigail Hartge analyzes two recent cases that highlight the need for the FDA for consumer protection, particularly in the realm of proper labeling. Abigail questions if disclosure of ingredients alone by industry giants is sufficient for safety.
