In this blog, 2L staffer Grace Hager analyzes the escalating legal crisis facing the "Clean Beauty" industry driven by 2026 FDA findings and new state-level bans. Hager explores the debate between the industry’s current reliance on self-defined clean standards versus the growing legal demand for lab-verified transparency. Ultimately, she takes the position that retailers must assume a heightened legal risk that can no longer be hidden by vague marketing claims.
In this blog, senior staffer Amy Rice argues that the FDA should fully embrace a "method-neutral" approach by accepting New Approach Methodologies (“NAMs”) as primary evidence of drug efficacy. She contends that traditional animal testing is often an outdated and poor predictor of human outcomes, whereas modern tools like organ-on-chip models offer superior scientific precision. Ultimately, Rice asserts that regulators must move beyond historical biases to implement the FDA Modernization Acts, thereby accelerating innovation and reducing the costs of biomedical and agricultural development.
In this blog, 2L staffer Samuel Lay examines a new method to apply 5th Amendment Takings Claims in response to changing regulations regarding Solar Farms built on farmland in Lexington, Ky. Lay breaks down the changing landscape regarding the city’s solar regulations. This is followed by a proposed new method in determining what constitutes total economic deprivation for a per se takings. The proposed change would alter the current meaning of total deprivation to depriving the owner of the value they have in the land. Lay argues that this new method is fairer to those who want to build solar farms in Lexington but may be discouraged due to the ever-changing landscape of solar regulation in Lexington.
In this blog, 2L staffer Emma Johns explores the expansion of solar energy projects on reclaimed coal lands in Eastern Kentucky. She argues that although these developments offer potential economic and environmental benefits, current legal and regulatory systems fail to adequately protect landowners and local communities. She concludes that stronger regulations and greater community protections are necessary to ensure a fair and effective transition to renewable energy.
In this blog, 2L staffer Sophia Sears analyzes the Prevent All Soring Tactics (PAST) Act, recently introduced to the 119th Congress, which proposes regulations that strengthen the Horse Protection Act (HPA) by broadening the definition of soring, increasing penalties for violations, and replacing the current self-regulatory structure with USDA-administered oversight. Sears argues that such reforms are necessary to address potential conflicts of interest in the current structure and better prevent equine abuse. Ultimately, Sears contends that federal regulations that deliberately combat abuse against horses are essential for preserving the equestrian industry's social license to operate-- such regulations ensure public acceptance of horse-participation in competitive sport.
Blog By: Jordan Kamp
Following the Supreme Court’s landmark decision in McGirt v. Oklahoma, the state of Oklahoma has experienced a shift in its jurisdiction over surface coal mining. In this blog, 2L staffer Jordan Kamp argues that Oklahoma and its Tribes should draft intergovernmental agreements pertaining to surface coal mining that would enable the State to maintain some form of regulatory control.
Blog By: Sydney LaRue
Palm oil is found in a multitude of everyday products. In this blog, 2L staffer Sydney LaRue demonstrates that the bulk consumption of palm oil has led to deforestation. LaRue ultimately argues for more sustainable practices by requiring companies to disclose palm oil on ingredient lists and for consumers to demand the use of only sustainably grown palm oil.
Blog by: Matthew Hayes
In 2018, California voters passed Proposition Twelve, which prohibited the sale of meat procured from animals held in gestation crates. Gestation crates have been widely criticized as being an inhumane practice, despite their broad usage in the pork industry. Although the pork industry is challenging Proposition Twelve on a constitutional basis, 3L staffer Matthew Hayes explains why these actions should fail.
Blog by: Cameron Coyle
The U.S. Forest Service is proceeding with the South Red Bird Wildlife Enhancement Project, which is a plan to remove a substantial amount of trees in Daniel Boone National Forest. Kentucky Heartwood has filed an action in an attempt to stop the project. 2L staffer Cameron Coyle talks about the details of the action and the likelihood of its success in this piece.
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.
