KJEANRL
Barn Weddings and Bureaucracy: The Zoning ...

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.

Barn Weddings and Bureaucracy: The Zoning Battle Over Kentucky Agritourism
KJEANRL
Should It Stay or Should It Go? EPA’s Dicamba ...

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.

Should It Stay or Should It Go? EPA’s Dicamba Reapproval and the Timing of Judicial Remedies For Vacatur and Stays
KJEANRL
An Economy of Scale: How Federal Crop Insurance ...

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.

An Economy of Scale: How Federal Crop Insurance Favors Big Farms
KJEANRL
Brewing Trouble at Home: The Current Tumultuous ...

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.

Brewing Trouble at Home: The Current Tumultuous Legality of Home Distillation and the Constitutional Questions Raised
KJEANRL
Prediction Markets Are Quietly Undermining ...

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. 

Prediction Markets Are Quietly Undermining State Control of Horse Racing and Other Regulated Industries

An Effort to Improve the Integrity of the “USDA Organic” Label: The USDA’s New Strengthening Organic Enforcement Rule

An Effort to Improve the Integrity of the “USDA Organic” Label: The USDA’s New Strengthening Organic Enforcement Rule

Blog By: Nathaniel Richey

Whatever their reasons for buying organic, American consumers of organic food rely on the integrity of the “USDA Organic” label. In this blog, 3L Staffer Nathaniel Richey discusses some longstanding concerns about the poor enforcement of the USDA organic standards. The USDA seeks to address these concerns through the new Strengthening Organic Enforcement Rule, a better-late-than-never effort by the agency to improve the organic label’s integrity.

Women Veterans, Know Your Risks, Know Your Benefits: How Breathing the Air on Deployment Increases Risk of Aggressive Breast Cancer and How the VA is Failing to Warn You*

Women Veterans, Know Your Risks, Know Your Benefits: How Breathing the Air on Deployment Increases Risk of Aggressive Breast Cancer and How the VA is Failing to Warn You*

Blog By: Bethany Thompson

3L Staffer Bethany Thompson discusses a recent expansion of veteran health care benefits, the PACT Act. This Act focuses on legislative efforts to address women veterans’ high risk of breast cancer and the Veteran Affairs’ failure to adequately implement those efforts.

A New Era of Permitting: Why Revising Section 10 of the ESA is Necessary for Conservation Efforts

A New Era of Permitting: Why Revising Section 10 of the ESA is Necessary for Conservation Efforts

Blog By: Kaitlyn Willis

In this blog, Kaitlyn Willis discusses the purpose of the Endangered Species Act (ESA) and the various changes it has seen during the past two presidential administrations. In February 2023, the Fish and Wildlife Service proposed a new rule under the ESA which would allow the FWS to issue incidental take permits for non-listed species. Kaitlyn argues that this rule is in accordance with the purpose of the ESA and would reinforce protection for both threatened and endangered species.

Surface Mine Reclamation: A Better Alternative

Surface Mine Reclamation: A Better Alternative

Blog By: Braydan Roark

In this blog, 3L staffer Braydan Roark talks about the various alternatives to surface mine reclamation and restoring land to a higher or better use after the mine is no longer in use. Several landowners and coal companies favor the pastureland method of land reclamation, which involves smoothed over hills with little plant growth. Braydan argues that more landowners and coal companies ought to consider the forestland use reclamation method, which aims to restore post-mining land to a productive forest habitat.

Agriculture's Best Kept Secrets: The Potential Harm of the FTC's Proposed Non-Compete Ban

Agriculture's Best Kept Secrets: The Potential Harm of the FTC's Proposed Non-Compete Ban

Blog By: Shelton Owen

In this blog, 2L staffer Shelton Owen warns that the FTC’s proposed ban on non-compete clauses could have a detrimental effect on agriculture. Specifically, she argues that the ban would inhibit agricultural producers’ ability to protect trade secrets, such as cultivation techniques, fertilizer recipes, and other specialized creation methods. To avoid this, Shelton argues that the ban should not go into place.

Life, Liberty, and the Pursuit of Uranium

Life, Liberty, and the Pursuit of Uranium

Blog By: Leen M. Heresh

The Price-Anderson Act was put in place to compensate members of the public who incur damages from nuclear and radiological incidents. In this blog, 3L staffer Leen Heresh discusses the shortcomings of the Price-Anderson Act through cases involving plaintiffs in Paducah, Kentucky and Portsmouth, Ohio. Heresh ultimately argues that the Price-Anderson Act should be repealed as it does not truly help the impacted plaintiffs as written.