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: Matthew Pakkala
In this blog, 3L staffer Matthew Pakkala discusses the ongoing crisis facing the Florida manatees. He briefly introduces the main threat—algae blooms—and details the situation unfolding in the Indian River Lagoon. Pakkala advocates for the Florida manatee to be reclassified as "endangered" under the Endangered Species Act of 1973.
Blog By: Christian T. Deeter
In his blog, 3L Staffer Christian Deeter argues that the Fifth Circuit should hold the Horseracing Integrity and Safety Act (HISA) constitutional because it does not violate the non-delegation and anti-commandeering doctrines. The amended version of HISA adequately reformed the Authority, making it sufficiently subordinate to the Federal Trade Commission (FTC). Deeter supports his opinion with an analysis of the Fifth and Sixth Circuit’s recent rulings.
Blog By: Jose Herrera
In this blog, 3L Staffer Jose Herrera examines the extensive consequences of the booming avocado industry in Michoacán, Mexico. Herrera highlights environmental and social concerns that result from deforestation and corruption and advocates for regulatory reforms to address environmental degradation and safeguard community well-being.
Blog By: Sydney LaRue
The cruise ship industry has a history of harming the environment but has recently implemented energy-efficient technology to limit the amount of greenhouse gases and other waste produced by cruise liners. In this blog, 3L Staffer Sydney LaRue argues that these actions are not enough and that increased regulations on cruise ships are the answer to decreasing the harm cruise liners have on the environment.
Blog By: Nathaniel Richey
In this blog, 3L Staffer Nathaniel Richey discusses how the patent system has the potential to hinder innovation in the agricultural industry. Richey argues in favor of a statutory research exemption from infringement of plant utility patents, drawing parallels with the statutory research exemption applicable to pharmaceuticals and medical devices under the Hatch-Waxman Act.
Blog By: Shelton Owen
In her blog, 3L Staffer Shelton Owen explores the competing views regarding the proposed EATS Act. Animal rights activists support Prop-12, granting states control over which producers can sell within their borders, while states' rights advocates aim to protect farmers by prohibiting state regulations from hindering trade. Owen argues that while Prop-12's intentions are good, many farmers struggle to keep up. She argues that the EATS Act is essential for meeting consumer demands and sustaining farming operations.
Blog By: Julia Giordano
In this blog, 3L Staffer Julia Giordano discusses Kentucky's transition to renewable energy sources like solar, highlighting the legislative efforts to regulate the decommissioning of solar panels and address concerns regarding land use, local input, and protection of landowners' rights.
Blog By: Kaitlyn Willis
In her blog, 3L Staffer Kaitlyn Willis discusses the Supreme Court's recent oral arguments, where herring fishermen contested a 2020 rule mandating costly onboard observers. The cases will hinge on the Chevron doctrine, and Willis argues in favor of retaining Chevron because ensures a clear legal framework, protects agency expertise, and maintains accountability to elected officials, crucial for effective governance in complex regulatory matters.
Blog By: Julia Ray
In her blog, 3L Staffer Julia Ray discusses the use of synthetic food dyes in the United States and the negative impact these dyes have on human health and the environment. The United States Food and Drug Administration (FDA) acknowledges the possibility of negative health effects on individuals but places the burden on the consumer to avoid dyes if they choose. Ray argues that the negative effects of synthetic dyes—along with the fact that they add no nutritional value to food—results in the need for banning their use.
