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: Breanna Carper
Breanna Carper, 3L staffer, discusses the Fair Labor Standards Act (FLSA) and its intentional omission of agricultural workers from its protections in this piece. Breanna advocates for Congress to rectify this and afford agricultural laborers a minimum wage, overtime pay, and other benefits enjoyed by laborers in other industries.
Blog By: Yuha Jung
In this blog, 2L staffer Yuha Jung talks about the potential impacts of climate change on key resources utilized in Kentucky’s bourbon industry, such as corn and white oak trees. Yuha calls on bourbon producers across the state to align themselves with the goals of the Paris Agreement to prevent the decline of these resources and so bourbon production can continue to thrive.
Blog By: Kara Legg
In this blog, 2L staffer Kara Legg talks about the FTC’s proposed rule prohibiting nearly all non-compete clauses. Given that Kentucky has no statutory restrictions on non-compete clauses and that most farms in the state are small and family-owned, Kara believes that the rule would benefit Kentucky farmers.
Blog By: John Hayman
Traditional styles of architecture tend to be more sustainable, while modern styles of architecture tend to be less sustainable. In this blog, 3L staffer John Hayman considers the carbon footprint of different types of architecture and argues for the construction of architecture that is less environmentally destructive.
Blog By: Joseph White
Conservation easements are a tool that private parties can use to protect lands by receiving tax deductions in exchange for agreeing to land use restrictions. However, some groups of investors are taking advantage of this tool by making questionable appraisals of their property before getting an easement, allowing them to receive vastly larger deductions. In this blog, 2L staffer Joseph White discusses how a new law passed by Congress addresses these questionable practices by limiting the eligibility for those deductions.
Blog By: Ryan Stuart
The increase of sensors and software on modern farming equipment has allowed manufacturers like John Deere to control the repair process of their farm equipment. In this blog, 3L staffer Ryan Stuart argues that farmers need right-to-repair legislation to ensure that individuals can access the tools needed to repair their own equipment.
Blog By: Abby Noser
The Inflation Reduction Act includes a tax credit for nuclear power production. In this blog, 3L staffer Abby Noser explains the tax credits for nuclear energy under the IRA and argues that Kentucky should adopt Senate Resolution 171 so that the state can take advantage of the current IRA tax credits.
Blog By: Garrison Rosser
Despite political polarization, environmental, social, and governance (ESG) investments are on the rise. In this blog, Notes Editor Garrison Rosser explains that lawyers should embrace ESG practices to better advise their clients while also leaving the environment in a better condition.
