The Kentucky Journal of Equine, Agriculture, and Natural Resources Law
PUBLICATIONS
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 In this note, Notes Editor Bennett Tuleja argues that this agricultural exemption should be amended or repealed to mitigate its harmful effects on agricultural workers.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.
BLOGS
Blog By: Nathaniel Richey
In this blog, 3L Staffer Nathaniel Richey discusses how the patent system has the potential to hinder innovation in the agricultural industry. Richey argues in favor of a statutory research exemption from infringement of plant utility patents, drawing parallels with the statutory research exemption applicable to pharmaceuticals and medical devices under the Hatch-Waxman Act.
Blog By: Shelton Owen
In her blog, 3L Staffer Shelton Owen explores the competing views regarding the proposed EATS Act. Animal rights activists support Prop-12, granting states control over which producers can sell within their borders, while states' rights advocates aim to protect farmers by prohibiting state regulations from hindering trade. Owen argues that while Prop-12's intentions are good, many farmers struggle to keep up. She argues that the EATS Act is essential for meeting consumer demands and sustaining farming operations.
Blog By: Julia Giordano
In this blog, 3L Staffer Julia Giordano discusses Kentucky's transition to renewable energy sources like solar, highlighting the legislative efforts to regulate the decommissioning of solar panels and address concerns regarding land use, local input, and protection of landowners' rights.
Blog By: Kaitlyn Willis
In her blog, 3L Staffer Kaitlyn Willis discusses the Supreme Court's recent oral arguments, where herring fishermen contested a 2020 rule mandating costly onboard observers. The cases will hinge on the Chevron doctrine, and Willis argues in favor of retaining Chevron because ensures a clear legal framework, protects agency expertise, and maintains accountability to elected officials, crucial for effective governance in complex regulatory matters.
Blog By: Julia Ray
In her blog, 3L Staffer Julia Ray discusses the use of synthetic food dyes in the United States and the negative impact these dyes have on human health and the environment. The United States Food and Drug Administration (FDA) acknowledges the possibility of negative health effects on individuals but places the burden on the consumer to avoid dyes if they choose. Ray argues that the negative effects of synthetic dyes—along with the fact that they add no nutritional value to food—results in the need for banning their use.
Blog By: Sarah Turri
In this blog, 2L Staffer Sarah Turri explores the history of animal welfare protection in the United States, specifically with respect to animal standing in court. She argues for statutory standing to extend to animals, thus providing an avenue for animals to fully vindicate their rights.
Blog By: Sallie Sutton
In this blog, 2L Staffer Sallie Sutton argues that the healthcare industry, specifically within the United States, is rapidly increasing and leading to record-high annual deaths. Sutton suggests that the United States turn to other countries with implemented efforts to decrease greenhouse gases, thus saving lives.
Blog By: Will Miller
In this blog, 2L Staffer Will Miller analyzes a Colorado statute passed in 2023 establishing a farmer's right to repair equipment, which was a huge achievement for the Right to Repair movement. Miller advocates for Kentucky to pass similar legislation, given the importance of the farming industry to the Commonwealth.
Blog By: Jared Abrahams
In this blog, 2L Staffer Jared Abrahams provides an overview of the current state of the thoroughbred breeding industry, and the present constriction of it. Abrahams advocates for the institution of a stallion cap to halt the rise in inbreeding and protect the future of the industry and the health of the breed.
Blog By: Grace McDonald
In her blog, 2L Staffer Grace McDonald explores the adverse effects of animal testing, highlighting environmental concerns that result from disposing of animal bodies and laboratory supplies, contamination of soil and water, and the loss of species from their natural habitats, among others. McDonald argues that many countries have banned the testing of cosmetic products on animals, and it's time for the United States to follow suit.
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The Kentucky Journal of Equine, Agriculture, & Natural Resource Law (“KJEANRL”) website is an interactive blog providing legal scholars, practitioners, and students a worldwide forum to discuss compelling issues in equine, agriculture, and natural resources law. Responses to articles, notes, and comments published in the print copy of KJEANRL are strongly encouraged. Additionally, the website provides online access to previous print editions of the Journal.
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.