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: Mary Jocelyn
The Western U.S. faces unprecedented drought coupled with a growing population and is quickly running out of water. Now, states throughout the Colorado River Basin are collectively employing cloud seeding to make it rain on demand. 3L Staffer, Mary Jocelyn, discusses the potential litigation risks and policy implications of their agreement and proposes solutions for Western Policymakers.
Blog By: Bailey Truitt
In this Blog, 2L Staffer Bailey Truitt advises that in order to avoid civil penalties and fines, Kentucky’s equine industry must carefully consider whether they are in compliance with regulations surrounding Concentrated Animal Feeding Operations (“CAFOs”) as horse parks are considered CAFOs.
Blog By: Eddie Beusch
Despite their healthy and adoptable bodies, thousands of horses face slaughtering each year. In his blog, 3L Staffer Eddie Beusch argues that passing the Save America’s Forgotten Equines Act (SAFE Act) is critical in protecting these animals, as it would add equines to the list of animals prohibited for consumption.
Blog By: Abbigale Harrison
2L Staffer Abbigale Harrison reflects on the rising influence of fast fashion. Specifically, Harrison argues that the United States must take action because emission levels are rising rapidly. To avoid this near-future crisis, an act requiring target goals of permitted emissions by each registered fast fashion brand.
Blog By: Stevi Howard
In this blog, 2L Staffer Stevi Howard outlines the evolution and domination of seed and vegetable oils in the Western diet. She advises that the United States take a more protective and proactive approach in regulating the consumption of seed and vegetable oils, comparable to other countries.
Blog By: Abigail Barford
In this blog, 2L Staffer Abigail Barford examines how fashion retailers have seen an increase in climate-centric and “greenwashing” litigation as society becomes more concerned with climate change and sustainability. She advises what the fashion industry should do to protect themselves from potential lawsuits.
Blog By: Caroline Hood
2L Staffer Caroline Hood explores Kentucky’s recent legalization of sports betting. Although Kentucky allowed wagering on horses for many years, the Commonwealth was a hold out when it came to legalizing betting of other sports. Hood argues that the legalization of in-person and online betting on all sports is a positive change for Kentuckians.
Blog By: Joseph White
In his blog, 3L staffer Joseph White summarizes a public trust doctrine dispute that was recently adjudicated in Colorado. He addresses the dispute’s birth and answers how the case should’ve been decided if decided on the merits. Further, he argues that, where appropriate, landowners’ expectations should be considered because the legal ambiguity of Colorado’s public trust doctrine creates an unforeseen problem for landowners.
