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: Christian T. Deeter
The Horseracing Integrity and Safety Act (HISA) created a non-governmental entity to regulate the horseracing industry and promote animal safety. There has been a split of authority regarding whether the Authority’s regulatory regime violates the non-delegation doctrine. Christian T. Deeter, our 2L staffer, argues that the Authority is lawful and beneficial to the industry.
Blog by: Shawn Harkins
The popular pesticide for both agricultural and consumer use, Round-Up, contains a harmful chemical that is linked to several adverse health effects. As a result, Bayer Company has unsuccessfully battled claims under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and state law. Shawn Harkins discusses the current state of the Round-Up litigation and potential regulation of it in the future.
Blog by: Isabel Harrison
As solar energy usage increases, homeowners' associations have started to impose regulations on property owners' abilities to go solar. In this blog, 2L staffer Isabel Harrison urges legislators to mitigate the impacts of restrictive covenants that create obstacles for property owners’ making the switch to solar energy.
Blog By: Blake Sims
The Private Securities Litigation Reform Act (PSLRA) provides that all discovery shall be stayed during the pendency of a motion to dismiss in any private action arising under the Securities Act of 1933. 3L staffer Blake Sims argues that this should be interpreted to apply to both federal and state court actions, and that such an interpretation could be beneficial for emerging green companies, such as Rivian.
Blog By: Julianna Grant
Following the 2020 Olympics, the equestrian portion of the pentathlon was replaced with cycling. This decision was largely based on horse mistreatment and risk of injury to horses and competitors. In this blog, 3L staffer Julianna Grant argues for this change to remain permanent to ensure both horse and rider safety.
Scientific and technological advancements have created effective alternatives to testing cosmetics on animals. In an effort to reduce unnecessary animal suffering, several countries have banned the sale of cosmetics that utilize animal testing in order to place pressures on other countries to end cosmetic testing on animals. 2L staffer Autumn Clark believes the United States has the opportunity to join these countries and bar the sale of cosmetics in one of the world's largest global economies by enacting the Humane Cosmetic Act.
Homeless encampments are appearing in record numbers causing larger cities to “sweep" these encampments and move the residents off the streets. In this blog, 2L staffer Erik Farleigh discusses the negative environmental impacts of “sweeping” and offers solutions to mitigate the environmental impacts caused by closing encampments and forcing homeless individuals to move.
Ground-based solar infrastructures are a viable source of renewable energy, however, this comes at a cost. Farmland and forests are being displaced at the expense of these solar farms. 2L staffer Caroline Butler discusses some potential solutions to reap the benefits of solar energy while using farms and forests efficiently.
