Article by: Shavonnie Carthens

In this article, Shavonnie Carthens examines the implications of West Virginia v. EPA, emphasizing how the Supreme Court’s use of the major questions doctrine creates uncertainty around the Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions. It argues that, in light of the doctrine’s growing influence and the end of Chevron deference, Congress should revise the Clean Air Act to explicitly authorize the EPA to regulate greenhouse emissions through system-based transitions to cleaner power-generating sources, public health-conscious considerations, and multi-agency regulatory approaches to ensure durable and effective climate policy.

Article by: Alex Woodward, Esq.

In this article, Alex G. Woodward addresses the problem of greenwashing and environmental harm caused by industrial agriculture and misleading food labeling. Woodward explains that while agriculture is essential to feeding a growing global population, its large-scale, profit-driven practices cause significant environmental damage. Woodward argues for a strategy that compels transparency through warning labels and expanding credible certification frameworks. Woodward proposes that the USDA implement a tiered labeling system under its Organic Program and require factual, noncontroversial disclosures about environmental harms on food packaging, with the goal of informing consumers, restoring trust, and incentivizing environmentally responsible agricultural practices.

Note By: Will Miller

In this note, Will Miller examines the rapid increase in foreign ownership of U.S. agricultural land and the national security and food security risks it creates. He explains that the Agricultural Foreign Investment Disclosure Act (AFIDA) only requires reporting of foreign ownership but imposes no restrictions, leaving regulation largely to a patchwork of state laws. Miller argues for federal oversight, contending that matters of foreign affairs and national security are best handled at the national level. He proposes a comprehensive federal regulatory scheme which would set nationwide minimum standards such as prohibiting ownership by foreign adversaries and capping total foreign-held acreage while allowing states to adopt stricter rules.

Note by: Madison King

In this note, Madison King analyzes the emerging circuit split concerning the Nuclear Regulatory Commission’s (NRC) authority to license interim, away-from-reactor nuclear waste storage facilities. King explains that while the D.C. and Tenth Circuits have upheld the NRC’s authority under the Atomic Energy Act, the Fifth Circuit recently rejected that interpretation, ruling the NRC lacks such authority and invoking the major questions doctrine. King argues for a legislative solution to resolve the legal uncertainty and long-standing stalemate over nuclear waste disposal. King proposes that Congress should pass the Nuclear Waste Task Force Act to reevaluate federal policy, eliminate exemptions for nuclear waste from environmental laws, and establish a consent-based framework for siting long-term nuclear waste repositories.

Note by: Sarah Turri

In this note, Sarah Turri explores how working students in Kentucky’s equine industry are treated like unpaid interns, working long hours for little or no pay. She explains that this leaves them without minimum wage or civil rights protections and worsens inequality in the equestrian sport. Turri argues for extending statutory protections to working students and proposes that Kentucky follow other states in safeguarding these vulnerable workers.

Article by: Lauren Ashley Herrin

In this article, Lauren Ashley Herrin examines the impacts of new FDA veterinary stewardship regulations on backyard chicken farming in rural Georgia. She explains that requiring prescriptions for previously over-the-counter antibiotics disproportionately harms low-income and rural communities by limiting access to affordable veterinary care, worsening risks of disease spread and public health threats. Herrin argues for policy approaches that balance antimicrobial resistance concerns with the realities of rural accessibility. She proposes solutions such as telehealth veterinary consultations, scholarship programs to encourage rural veterinary practice, and expanding prescriptive authority for veterinary technicians to ensure sustainable animal health care in underserved areas

Note by: Abbey Norvell

In this note, Abbey Norvell analyzes the dangers of radon exposure in Kentucky schools, highlighting the state’s nation-leading lung cancer rates and the heightened risks for children. She explains that Kentucky has no law requiring schools to test for or mitigate radon levels, leaving students vulnerable. Norvell argues for mandatory radon testing and remediation in Kentucky schools. She proposes legislation modeled on other states requiring testing in both public and private schools within five years, and remediation within two years if levels exceed EPA standards.

Note by: Abigail Barford

In this note, Abigail Barford explores the lack of regulation over dog breeding in Kentucky, particularly the harms caused by puppy mills and backyard breeders. Barford explains that loopholes in the Animal Welfare Act and Kentucky’s absence of state-level protections contribute to dog overpopulation, inhumane conditions, environmental damage, and financial burdens on taxpayers. Barford argues for Kentucky to adopt strong breeding regulations modeled on Pennsylvania’s laws and its own equine breeding system. She proposes statewide legislation to license breeders, enforce humane standards of care, and regulate small-scale breeding to curb overpopulation and protect animal welfare.

Note by: Stevi Whitman

In this note, Stevi Whitman analyzes the dangers of weak pesticide regulation in the United States. Whitman explains that the EPA’s reliance on the vague “unreasonable adverse effects” standard under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allows harmful products like Roundup to remain on the market despite strong evidence of health risks. Whitman argues for strengthening U.S. pesticide laws to match the European Union’s stricter safety threshold. She proposes amending FIFRA to require proactive bans on hazardous pesticides and greater accountability from manufacturers to better protect public health and the environment.

Article by: Janessa H. Brito

In this article, Janessa H. Brito examines the growing reliance on categorical exclusions (CEs) under the National Environmental Policy Act (NEPA). She explains that while CEs were originally designed to streamline review for actions with minimal environmental impact, federal agencies have increasingly expanded their use, reducing transparency and limiting public oversight. She proposes three key measures: requiring a congressional mandate for routine data tracking and reporting of NEPA reviews, narrowing the statutory definition of CEs to account for both individual and cumulative impacts, and obligating agencies to include mitigation measures when applying CEs.

Comment by: Dr. Barbara Lichman

In this comment, Dr. Barbara Lichman analyzes the Supreme Court’s recent decisions in Loper Bright, Relentless, and Corner Post, which together dismantle the Chevron doctrine of judicial deference to administrative agencies. Dr. Lichman explains that these rulings shift interpretive authority from agencies to the courts, limiting agencies’ ability to define ambiguous statutes and extending the time frame for challenges under the Administrative Procedure Act. Dr. Lichman argues for recognizing the profound impact these cases will have on administrative governance. She proposes that the legal system must now adapt to a new era in which courts, rather than agencies, dominate statutory interpretation, even in complex regulatory fields.