In this blog, 2L staffer Grace Hager analyzes the escalating legal crisis facing the "Clean Beauty" industry driven by 2026 FDA findings and new state-level bans. Hager explores the debate between the industry’s current reliance on self-defined clean standards versus the growing legal demand for lab-verified transparency. Ultimately, she takes the position that retailers must assume a heightened legal risk that can no longer be hidden by vague marketing claims.
In this blog, senior staffer Amy Rice argues that the FDA should fully embrace a "method-neutral" approach by accepting New Approach Methodologies (“NAMs”) as primary evidence of drug efficacy. She contends that traditional animal testing is often an outdated and poor predictor of human outcomes, whereas modern tools like organ-on-chip models offer superior scientific precision. Ultimately, Rice asserts that regulators must move beyond historical biases to implement the FDA Modernization Acts, thereby accelerating innovation and reducing the costs of biomedical and agricultural development.
In this blog, 2L staffer Samuel Lay examines a new method to apply 5th Amendment Takings Claims in response to changing regulations regarding Solar Farms built on farmland in Lexington, Ky. Lay breaks down the changing landscape regarding the city’s solar regulations. This is followed by a proposed new method in determining what constitutes total economic deprivation for a per se takings. The proposed change would alter the current meaning of total deprivation to depriving the owner of the value they have in the land. Lay argues that this new method is fairer to those who want to build solar farms in Lexington but may be discouraged due to the ever-changing landscape of solar regulation in Lexington.
In this blog, 2L staffer Emma Johns explores the expansion of solar energy projects on reclaimed coal lands in Eastern Kentucky. She argues that although these developments offer potential economic and environmental benefits, current legal and regulatory systems fail to adequately protect landowners and local communities. She concludes that stronger regulations and greater community protections are necessary to ensure a fair and effective transition to renewable energy.
In this blog, 2L staffer Sophia Sears analyzes the Prevent All Soring Tactics (PAST) Act, recently introduced to the 119th Congress, which proposes regulations that strengthen the Horse Protection Act (HPA) by broadening the definition of soring, increasing penalties for violations, and replacing the current self-regulatory structure with USDA-administered oversight. Sears argues that such reforms are necessary to address potential conflicts of interest in the current structure and better prevent equine abuse. Ultimately, Sears contends that federal regulations that deliberately combat abuse against horses are essential for preserving the equestrian industry's social license to operate-- such regulations ensure public acceptance of horse-participation in competitive sport.
Blog By: Sam Hilgeman
In this blog, 2L Staffer Sam Hilgeman argues that the Supreme Court has a unique opportunity to find a balance between reasonable environmental regulation and providing an efficient review process for major infrastructure projects. Hilgeman focuses on the broad scope permitted to government agencies in the environment effects they must address that create burdensome hurdles for developers to overcome.
Blog By: Grace McDonald
Greenwashing is a deceitful advertising tactic that businesses use by making misleading claims about their environmental impact for financial gain. In this blog, 3L Staffer Grace McDonald discusses that the United States' current regulations are ineffective, and greenwashing litigation continues to rise. McDonald asserts that it is time for the United States to enact stricter greenwashing regulations like that of the EU in order for consumers to trust the "eco-friendly" products they see on the shelves.
Blog By: Lauren K. Repa
Kentucky is known worldwide for its horse races, and betting on horse races is integral to Kentucky's culture and economy. In this blog, 2L Staffer Lauren K. Repa argues that the passing of House Bill 551 this past September, legalizing all sports betting, might put horse racing at risk, with betters flocking to other forms of gambling. However, not all is lost; Repa asserts AI apps such as EquinEdge might be the program Kentuckians need to keep horse racing alive with the passing of the new legislation.
Blog By: Antonio C. Ellzey
In this blog, 3L Antonio C. Ellzey points out that California Governor Newsom recently vetoed a pending California state law that aimed to address the dangers of gas appliances. Specifically, the new law would have required manufacturers to place warning labels on gas stoves to inform consumers of their health effects. Some say the new law would help build awareness around a hidden danger while others say the new would restrict Californians’ freedom. Ellzey believes the pending law would positively impact Californians because they can make better-informed decisions around their health and safety, which would ultimately help save lives.
Blog By: Stevi Whitman
In this blog, 3L staffer Stevi Whitman argues for the use of certification marks to promote authenticity within the whiskey industry by introducing the Estate Whiskey Alliance® (EWA). The EWA is a member led association spearheaded by UK Innovate at the University of Kentucky, the James B. Beam Institute, Marker’s Mark Distillery, and other founding members, tasked with ensuring quality standards of whiskey production, promoting the benefits of local sourcing, and advancing sustainability efforts throughout the whiskey industry through the use of certification marks.
Blog By: Ashton Edwards
In this Blog, 3L Staffer Ashton Edwards argues that instead of staying silent on the issue, Congress should respond to the interstate commerce concerns that reside in the Prop 12, a proposition that was made law by the U.S. Supreme Court in 2023. Edwards discusses that so far, Congress has yet to address the arguments and concerns of Farmers, the Court, or citizens, even though this law arguably has a substantial impact on interstate commerce.
Blog By: Antonio C. Ellzey
In this Blog, 3L Staffer Antonio C. Ellzey discusses the challenges faced by entrepreneurs in the cannabis industry, particularly the impact of Section 280E of the Internal Revenue Code, which limits deductions for businesses engaged in the cannabis trade due to federal prohibition. Ellzey discusses the potential benefits of rescheduling cannabis from Schedule I to Schedule III, which he argues would alleviate financial burdens on cannabis businesses, enhance safety, and stimulate economic growth.
Blog By: Yuha Jung
In this Blog, outgoing 3L Staffer Yuha Jung explores two recent youth climate cases, one resolved in Montana (Held v. State) and another ongoing in California (Genesis v. EPA), emphasizing their implications for future climate litigation. Jung contends that youth-led climate lawsuits will ultimately contribute positively to safeguarding a clean and healthy climate for future generations.
