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 this blog, 3L Staffer Luke Price discusses the growing use of prediction-market platforms that allow users to profit from horse-race outcomes while operating outside traditional pari-mutuel wagering systems. Price argues that these event-contract trades function as wagering under the Interstate Horseracing Act and should therefore be subject to racing-commission oversight and consent requirements. He contends that without clarification or enforcement, prediction markets could undermine the regulatory framework designed to protect racing integrity and equine welfare.
Blog By: Deiona Camargo
Two months ago, the Supreme Court of New Mexico issued a unanimous opinion settling a debate over the public's right to stream access. In this blog, 2L Staffer Deiona Camargo discusses both sides of the debate and argues that the impact of this decision does not support a true balance between public and private land rights.
This past summer, the Supreme Court handed down its decision in West Virginia v. EPA, a case concerning the EPA's authority to decarbonize the nation's electricity-generating industry through "generation shifting." In this blog, 3L staffer Evan Callahan discusses how this decision impacts administrative law and the EPA's carbon emissions policies going forward.
Kentucky is behind other states in electric vehicle sales and production. In this blog, 2L staffer Jimmy Brown addresses why Kentucky should offer a state tax credit for residents who purchase an electric vehicle or provide electric vehicle supply equipment to decrease the state's greenhouse gas emissions.
As the use and disposal of PFAS chemicals becomes more prevalent, so does long lasting ecosystem contamination. In this blog, 2L staffer Lindsay Bates argues that the Environmental Protection Agency's proposed designation of PFAS as hazardous substances may be part of the solution to protect human and environmental welfare.
A national energy grid ensures the country's energy is reliable, secure, and advancing decarbonization efforts. In this blog, 2L staffer Omer Arain argues that Congress must remove legal obstacles, such as state eminent domain authority, which inhibit the Federal Energy Regulatory Commission (FERC) from building high-voltage, long-distance electric transmission lines that serve national energy grid goals.
Gua Sha and Jade Roller treatments have become viral skin care fads on TikTok. But these tools are typically made from jade stone, a symbol of destruction and devastation in Myanmar. 2L staffer Brooklyn Brown discusses the ongoing environmental & human rights abuses in Myanmar’s jade industry & and advocates for the U.S. & its allies to take a more direct approach to help the citizens of Myanmar.
In late July of this year, eastern Kentucky experienced devastating rainfall, leading to extensive flooding. In this blog, 3L staffer Aaron Ambrose provides insight on how coal companies' failure in reclamation of abandoned mines may have played a role in the extensive flooding along with providing potential solutions to hold coal companies accountable.
The Food and Drug Administration issued warning letters to Delta-8 THC companies in May 2022 addressing three major areas of concern about the cannabinoid. 2L staffer Cori Agnoni argues that the companies must consider serious change and transparency if they hope to keep this hemp-derivative in their control. She suggests that taking action now prevents a repeat of this in the near future.
