Note by: Henry O. Cashen

A circuit split existed in determining whether a conveyance of pollutants through groundwater and into navigable water constituted a violation of the Clean Water Act. Although the Supreme Court attempted to resolve the issue in 2020, Notes Editor Henry Cashen argues that the Court’s guidance is insufficient to direct lower courts in their analyses. Cashen advocates for a mutli-factored balancing test to determine whether a direct discharge of a pollutant or its “functional equivalent” violates the Clean Water Act’s provisions, regardless of the conveyance method.

Article by: Robin Kundis Craig

The quality of costal water remains an environmental and economic concern in the United States. In this article University of Southern California Gould School of Law Robert C. Packard Trustee Chair in Law Robin Craig explores the intersection of the Clean Water Act with the ocean and pushes for more to be done to improve ocean water quality.

Note by: Bennett Tuleja

Workers’ compensation laws provide compensation for employees injured on the job. In Kentucky, agricultural workers are barred from receiving workers’ compensation benefits. In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.

Note by: Zachary Mills

The bourbon industry is particularly prominent in Kentucky. In this note, Editor-in-Chief Zachary Mills explores the environmental hazards associated with the bourbon industry. Mills ultimately argues for changes to Kentucky’s regulatory structure in order to promote sustainable industry growth.

Blog By: Lydia Deaton

In this blog, 2L Staffer Lydia Deaton argues that the agricultural community should apply intellectual property doctrines to solve agriculture’s emerging data security issues. Deaton discusses that so far, neither Congress nor the agriculture industry has provided much guidance on potential solutions to data security issues. Deaton contends that creating legislation with agricultural-specific IP protections would provide the data protections that are needed.

Blog By: Erica Joan Radermacher

In this blog, 2L Staffer Erica Joan Radermacher argues that it is important to prioritize collaboration when considering environmental conservation efforts in Mobile Bay juxtaposed with efforts to spur trade and economic development. Radermacher analyzes arguments of both proponents and critics of dredging the channel of Mobile Bay and pushes for an attitude of partnership between environmental and economic actors.

Blog By: Ben Bertram

In this blog, 2L Staffer Ben Bertram reviews the Kentucky General Assembly's removal of the bourbon barrel tax, the only tax of its kind in the world. Bertram argues that the decision to phase out this tax eliminated an unnecessary economic barrier for an industry already facing an unreasonably high tax burden. The benefits, Bertram says, will be especially apparent to Kentucky farmers.

Blog By: Sarah Shepherd

With the threat of another farm bill expiration looming over D.C. and rural America, representatives are exploring ways to either expand or cut back on the omnibus legislation. In this blog, 2L Staffer Sarah Shepherd discusses the obstacles of passing a new farm bill, the consequences of cutting SNAP and conservation programs, and the desperate need for Congress to either pass a new, bipartisan farm bill or another extension.

Blog By: Camille Grout

In this Blog, 2L Staffer Camille Grout discuss pending federal litigation against the City of Atlanta for its alleged violation of the Clean Water Act. A vital waterway for thousands of residents in Florida and Georgia alike, the Chattahoochee River has allegedly been polluted by Atlanta’s largest wastewater plant. Grout argues that the City of Atlanta should enter into a new federal consent decree addressing the concerns and preserving the river’s health for generations to come. 

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. 

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.

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.

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.

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.