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 In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.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.

In this blog, 2L Staffer Madelyn Shelton discusses the interplay between the growing California wildfire crisis and the rising unavailability of homeowner’s insurance. She argues that the FAIR plan is only a partial solution, and more sustainable options are needed for the future.

In this blog, 2L Staffer Dylan Diedrich discusses the protections currently in place in Kentucky that are meant to protect pollinators such as bees and butterflies. Diedrich argues that the current protections, while admirable, are inadequate at protecting and restoring pollinator populations because they are voluntary. Since Kentucky primarily relies on voluntary educational programs to protect pollinators, there is no real deterrent to prevent individuals from harming pollinators. Diedrich proposes a system involving true sanctions to encourage proper administration of pesticides to protect pollinator populations.

Blog By: Ben Robinson

In this blog, 2L Staffer Ben Robinson discusses the environmental ideals explaining how other countries have come to give nature "natural rights". He further advocates for a possible solution that replicates the international concept of natural rights, while conforming to and working within the United States legal system.

Blog By: Phillip Burress

In the summer of 2024, the Supreme Court overturned a precedent relied upon for decades by federal agencies. In this blog, 3L Staffer Phillip Burress discusses that with the death of Chevron deference, federal agencies face new challenges and an increased risk of litigation for interpretations they make on ambiguous statutes. Burress points out that many agencies have been preparing for this change for the past decade, and the threat this change imposes may not be as severe as many people think.

In this blog, 3L Staffer Bailey Truitt discusses the current trend of selling horse farms and the push to divide the land into housing in Lexington and all across Kentucky. Truitt discusses that while housing is necessary for Lexington, dividing up agricultural land is detrimental to the historical equine industry as well as contributing to the urban sprawl problem found in Lexington. Truitt argues that maintaining horse farms and agricultural land in and around Lexington is the best choice for the economic development and protection of historical business, as well as the prevention of urban sprawl.

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.