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
KJEANRL
Pesticides on Golf Courses: Shooting for the ...

In this blog, 2L Staffer Georgia Arrington discusses how the Environmental Protection Agency’s (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has missed its mark by neglecting to include golf course workers as a covered group under its Worker Protection Standards (WPS). In excluding these workers and excluding golf courses that are not used for sod production from the WPS, Arrington argues FIFRA is failing to provide meaningful protection from the dangers of pesticides on golf courses. Arrington illustrates that if the increased rates of Parkinson’s disease and non-Hodgkin's lymphoma in this cohort are not enough to demand regulatory reform, the EPA's continued approval of pesticides banned in other sectors but still used on golf courses certainly should be. 

Pesticides on Golf Courses: Shooting for the Green, Landing in a Regulatory Gray Area

Green Amendments: Codifying the Environment One State at a Time

Green Amendments: Codifying the Environment One State at a Time

Blog By: Thomas Fricker

In this blog, 2L staffer Thomas Fricker discusses the proposal of adding a "Green Amendment" to state constitutions in order to ensure that current and future generations have the constitutional right to a healthy environment. Green Amendments codify the inherent right to an environment that is protected from federal deregulation and industrial interests for current and future generations to enjoy and preserve.  Fricker analyzes both sides of the movement and argues that Green Amendments should be included in state constitutions. 

Reining in the Rules: The Kentucky Horse Racing Commission and Bob Baffert

Reining in the Rules: The Kentucky Horse Racing Commission and Bob Baffert

Blog By: Emily Sumrall

In this blog, 2L Staffer Emily Sumrall discusses the decades of back and forth between horse trainer Bob Baffert and the Kentucky Horse Racing Commission, with an emphasis on Baffert's recent suspension following the 2021 Kentucky Derby. Sumrall argues that the Kentucky Horse Racing Commission should adopt a stricter procedure in disciplining violations of the rules and regulations governing horse racing in order to promote the health and safety of horses and participants.

Protecting the Game: The Case for the SAFE Bet Act’s Federal Regulation of Sports Betting

Protecting the Game: The Case for the SAFE Bet Act’s Federal Regulation of Sports Betting

Blog By: Luke Price

The SAFE Bet Act aims to establish federal standards for responsible gambling in the rapidly expanding American sports betting industry. In this blog, 2L Staffer Luke Price argues that despite facing opposition, the SAFE Bet Act could benefit the industry by creating a uniform regulatory framework while addressing public health concerns. Price also explores how the Act's provisions, particularly advertising restrictions and limitations on proposition bets, could significantly impact horse betting, potentially reshaping gambling in states like Kentucky.

The State of Florida Erases References to Climate Change from State Law Prior to Hurricane Season

The State of Florida Erases References to Climate Change from State Law Prior to Hurricane Season

Blog By: Abigail Barford

In this blog, 3L Staffer Abigail Barford discusses the recently passed Florida legislation which removed the term “climate change” from Florida law and changed the state's energy policies. Barford discusses criticism as well as Governor Ron DeSantis's justifications for the legislation, concluding that the state of Florida, a state heavily impacted by climate change, would benefit from consulting environmental and climate experts when drafting legislation.

Here We Go Again: Environmental Groups Spar with Developers Over Oil Production

Here We Go Again: Environmental Groups Spar with Developers Over Oil Production

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. 

"Greenwashing" vs. "Green Washing": The United States Needs Stricter Regulations

"Greenwashing" vs. "Green Washing": The United States Needs Stricter Regulations

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.

A New Breed of Handicappers in Town: The Effects of AI on the Horse Racing Industry

A New Breed of Handicappers in Town: The Effects of AI on the Horse Racing Industry

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. 

It’s Getting Hot in Here, So Turn Off All Your (Gas) Stoves

It’s Getting Hot in Here, So Turn Off All Your (Gas) Stoves

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.

Whiskey Business: Utilizing Certification Marks to Protect Intellectual Property and Promote Authenticity within the Whiskey Industry

Whiskey Business: Utilizing Certification Marks to Protect Intellectual Property and Promote Authenticity within the Whiskey Industry

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.