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: Julia Ray
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates pesticide distribution, sale, and use. In this blog, 2L staffer Julia Ray explains that current structure of FIFRA allows unsafe pesticides to be produced in the US. Further, Ray argues that FIFRA should be amended to remove the registration exception for exported pesticides to promote public health and minimize the environmental impact of pesticides.
Blog By: Julia Giordano
In 2017, five animal activists removed two sick piglets from a pork manufacturing facility and a jury found the defendants not guilty on all charges. In this blog, 2L staffer Julia Giordano analyzes this case and explains how its implications could transcend to other animal welfare cases.
Blog By: Dylan Keefe
In August 2022, Congress passed the most significant climate legislation in American history: the Inflation Reduction Act. With historic funding secured, the country should be well on its way toward clean energy production, right? Well, not quite. Another obstacle remains: federal permitting requirements.
Blog By: Mary Jocelyn
In a statement accompanying the denial of certiorari for the most recent Antiquities Act case, Chief Justice Roberts discussed two critical components of the act yet to be determined by Congress or the courts - what is the smallest area compatible for the monument and how it should be operationalized. In this blog, 2L staffer Mary Jocelyn argues that the proclamation of Bears Ears as a national monument under the Antiquities Act is a paradox because it actually impairs the necessary resources required for management.
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.
