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 She contends that traditional animal testing is often an outdated and poor predictor of human outcomes, whereas modern tools like organ-on-chip models offer superior scientific precision.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.
In this blog, 2L staffer Lakyn LeMaster argues that Kentucky should adopt stronger safety precautions for private well users. She explains how current regulations leave users unnecessarily exposed to serious health risks posed by common contaminants. LeMaster recommends that Kentucky follow the lead of other states by implementing affordable water testing programs and requiring routine monitoring.
In this blog, 3L senior staffer Shelby Davidson analyzes the economic boom and rise of generative AI companies which have led states to scramble for the opportunity to capitalize on the growth, creating tax incentives to encourage the construction of new data centers. Davidson highlights the environmental threats posed by data centers, including excessive electricity and water usage, which has led to different approaches to regulation. Davidson argues Kentucky should follow Virginia’s system, with a strict regulatory framework, rather than West Virginia, which has given data centers almost entirely free rein, to the detriment of its citizens.
In this blog, 3L senior staffer Reed Burrow examines how Taiwan’s dominance in chip manufacturing has placed the island at the center of a potentially major geopolitical conflict. Burrow argues that Taiwan’s “silicon shield” remains a powerful deterrent to Chinese invasion, but warns that its strength ultimately depends on the water and energy resources needed to sustain chip production.
Kentucky's 67,700 farms represent an untapped opportunity in the voluntary carbon credit market, but transaction costs have kept small farmers on the sidelines of a rapidly developing global credit supply. In this blog, 2L staffer Spencer Harris argues that the Kentucky Agricultural Development Board already holds the mandate and the money through the state's $2.8 billion share of the Tobacco Master Settlement. This money can be used to subsidize the verification costs that stand between tobacco-legacy farmers and a new, recurring income stream.
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.
