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: Sarah Turri
In this blog, 2L Staffer Sarah Turri explores the history of animal welfare protection in the United States, specifically with respect to animal standing in court. She argues for statutory standing to extend to animals, thus providing an avenue for animals to fully vindicate their rights.
Blog By: Sallie Sutton
In this blog, 2L Staffer Sallie Sutton argues that the healthcare industry, specifically within the United States, is rapidly increasing and leading to record-high annual deaths. Sutton suggests that the United States turn to other countries with implemented efforts to decrease greenhouse gases, thus saving lives.
Blog By: Will Miller
In this blog, 2L Staffer Will Miller analyzes a Colorado statute passed in 2023 establishing a farmer's right to repair equipment, which was a huge achievement for the Right to Repair movement. Miller advocates for Kentucky to pass similar legislation, given the importance of the farming industry to the Commonwealth.
Blog By: Jared Abrahams
In this blog, 2L Staffer Jared Abrahams provides an overview of the current state of the thoroughbred breeding industry, and the present constriction of it. Abrahams advocates for the institution of a stallion cap to halt the rise in inbreeding and protect the future of the industry and the health of the breed.
Blog By: Grace McDonald
In her blog, 2L Staffer Grace McDonald explores the adverse effects of animal testing, highlighting environmental concerns that result from disposing of animal bodies and laboratory supplies, contamination of soil and water, and the loss of species from their natural habitats, among others. McDonald argues that many countries have banned the testing of cosmetic products on animals, and it's time for the United States to follow suit.
Blog By: Lauren Chugg
In her Blog, 2L Staffer Lauren Chugg discusses why the coal mining industry in Kentucky is at a disadvantage when participating in bids to sell coal compared to other states due to the presence of a severance tax. Chugg proposes a potential remedy but ultimately advocates for a reassessment of the severance tax by the Kentucky legislature.
Blog By: McKinley Pitts
In 2021, the U.S. Food and Drug Administration created the Closer to Zero Action Plan in an effort to reduce toxic heavy metals in baby food products. In this blog, 2L staffer McKinley Pitts discusses the FDA's slow progress and inaction under its Closer to Zero initiative. Pitts argues that the FDA has the authority and resources to establish guidelines and regulations and to ensure industry compliance in order to mitigate the potential harmful effects of environmental contaminants in baby food.
Blog By: Abbey Norvell
In this blog, 2L Staffer Abbey Norvell discusses how the increased need for renewable energy and food security could be answered with a multi-faceted solution called agrivoltaics. Agrivoltaics, the practice of utilizing solar panels and agriculture on the same land, yields many benefits related to soil, wildlife, and food. As other countries experienced success in crop yields and habitation by implementing agrivoltaics, Norvell argues that the U.S. should incentivize implementing agrivoltaics by offering more substantial grants and tax breaks to farmers who utilize the practice on their farmland.
Blog By: Stephanie Gonzalez
In her blog, 2L Stephanie Gonzalez analyzes the increase in wildfires on the United States West Coast that has left many grape growers with smoke taint grapes. Smoke taint grapes are not currently insured by The Federal Crop Insurance Company, leaving many wine growers with unsellable wine. Gonzalez argues that the Federal Crop Insurance should be amended to cover smoke taint grapes as a cause of loss.
