Abandoned horses, whose property?

By Elizabeth Rives, Staff Member

In May 2008, Pat Dawson of Time.com wrote an article entitled “An Epidemic of Abandoned Horses.” The problem discussed in this article is still around over two years later. According to Dawson, two main factors contribute to the rise in abandoned horses: “rising grain and gas prices” and “the closure of American slaughterhouses.” Pat Dawson,

An Epidemic of Abandoned Horse

,

Time.com

, May 28,2008,

available at

http://www.time.com/time/nation/article/0,8599,1809950,00.html.

Volunteer horse rescue groups are attempting to alleviate the problem but the cost of caring for horses is too great for some to maintain. Carol Holmes, owner and operator of White Cloud Ranch in Malibu, California, spent roughly $2,500 every three weeks on food alone after having 27 horses abandoned on her property. Stephanie Bertholdo,

Bad economy causing horses to be abandoned at an alarming level

,

Thousand Oaks Acorn

, January 7, 2010,

available at

http://www.toacorn.com/news/2010-01-07/Front_Page/Bad_economy_causing_horses_to_be_abandoned_at_an_a.html. Although the cost of keeping and caring for the horses is high, many of the horse rescue groups are weary of giving the horses away because of the possibility that the horses will then be sold to slaughterhouses outside of the U.S.

Id

.

Most recently in the news, two abandoned horses were rescued in a field in New Mexico. Lee Ross,

Two Abandoned Horses Rescued

,

ABOJournal.com

, October 1, 2010,

available at

http://www.abqjournal.com/abqnews/abqnewseeker-mainmenu-39/24307-two-abandoned-horses-rescued.html. A local horse rescue organization, Walkin’ N Circles Ranch, found the horses in an open field with no available water. Id. Eleanor, one of the horses, was unable to graze because she was missing teeth.

Id.

Walkin’ N Circles Ranch, is currently nursing the two horses back to health.

Id

.

The question then becomes, who owns these horses and who is responsible for paying for them? According to Rachel McCart, an equine attorney, this is not always a simple question. Rachel McCart,

Abandoned Horses: Finders, Keepers?

,

Equine Legal Solutions Horse Law Blog

(September 15, 2008) http://www.equinelegalsolutions.com/2008/09/abandoned-horses-finders-keepers.html. In most cases, you do not gain title to the horse regardless of if there is a boarder relationship or the horse simply ended up on your property and should contact local authorities to determine the appropriate action to take.

Id

. The answer to financial responsibility is more difficult. The caregiver might have a hard time getting reimbursed for care or may choose not to fight it because of the legal costs associated with such a battle.

Id

.

In order to alleviate this problem, there needs to be definitive measures available for people to take who choose to care for abandoned horses.

Electricity and the Constitution in South Africa

By Brad Larkin, Staff Member

Following the fall of apartheid, South Africa’s consumption of energy has steadily grown as electricity has been extended to more areas of the country, putting a great strain on the electrical grid. In 2008, this increase in demand coupled with a lack of attention to energy producing facilities resulted in widespread power outages. Chris McGreal,

Gold Mines Shut as South Africa Forced to Ration Power Supply

,

The Guardian

, January 26, 2008,

available at

http://www.guardian.co.uk/world/2008/jan/26/southafrica.international. In response to these capacity problems, earlier this year South Africa applied and eventually received a loan from the World Bank for over three billion dollars to build a coal-firing plant that will produce more carbon dioxide in a year than 115 countries, causing an international uproar. John Vidal,

Britain Has the Key Vote on World Bank Loan to Medupi Power Station

,

The Guardian

, April 1, 2010

available at

http://www.guardian.co.uk/environment/2010/apr/01/medupi-world-bank-loan-vote. Opposition party members even sought help from the United States and the United Kingdom to block the loan.

Zille Lobbies Against Eskom Loan

,

Mail and Guardian

, April 8, 2010,

available at

http://www.mg.co.za/article/2010-04-08-zille-lobbies-against-eskom-loan.

In challenging the loan, the main focus for the opposition was potential corruption, not the environment.

Id

. Residents of the region, however, were naturally more concerned about the potential for environmental harm petitioned the World Bank.

Residents Complain to World Bank about Eskom Loan

,

Mail and Guardian

, April 7, 2010

available at

http://www.mg.co.za/article/2010-04-07-residents-complain-to-world-bank-about-eskom-loan. Residents could also have used a domestic legal argument, as the Constitution provides that “everyone has the right to ... an environment that is not harmful to their health or well-being.” S.Afr. Const. ch. 2, §24, 1996.

And yet, in the last few days, despite the approval of the loan, several plans for more environmentally friendly energy sources have appeared. Plans are underway to build a solar power park in the Northern Cape Province, which could provide a substantial amount of energy.

S. Africa Looks to Solar, Nuclear Power

, UPI, September 29, 2010,

available at

http://www.upi.com/Science_News/2010/09/29/S-Africa-looks-to-solar-nuclear-power/UPI-93711285807222/. Furthermore, South Africa is investigating increasing its nuclear energy capacity as well.

Id

.

It certainly appears that the South African government is concerned about the environmental impacts of energy production. However, if the government does indeed follow through with these plans to build green sources of energy it will be interesting to see how quickly the government is willing to shift the burden of electrical production. The new plant has significantly raised the debt burden of South Africa, so it is unlikely that a quick shut down will occur. How will environmental groups react? Will they continue to utilize political action to encourage a quicker transition to the greener production facilities, or will they begin to seek assistance in the courts through Section 24 of the Constitution? While there are important caveats within the text of Section 24 regarding reasonableness and economic development, the fact that the coal-firing plant is located in Limpopo, one of South Africa’s poorest regions close to the border with Botswana, certainly raises questions. How South Africa deals with the shift from traditional sources of electrical generation to more green solutions will have important impacts not only on South Africa but the entire Southern African region.

Electric car infrastructure -- are electric cars really the answer?

By Litany Webster, Staff Member

Manufacturers of electric cars, such as Nissan and Ford, are only supplying the initial roll-out of new models to cities they deem fit for the electric lifestyle. The top three factors considered by the manufacturers when reviewing cities are (1) whether there are a large number of hybrid owners, (2) whether the electric cars will be accepted, and (3) whether there is sufficient public policy and utilities. Julie Wernau,

Chicago gets geared up for electric vehicles

, Chicago Tribune, August 23, 2010,

http://www.chicagotribune.com/classified/automotive/ct-biz-0824-electric-cars-new-20100823,0,5131217.story

.

Considering the amount of money that will be invested in establishing sufficient infrastructure in these cities to charge these vehicles and reduce the fear of power outages and “range anxiety," it still must be determined whether these cars actually reduce pollution since they are powered by coal plants. While electric cars themselves eliminate the need for fossil fuels, coal plants are still necessary to generate the electricity to charge them.

Nevertheless, there are several advantages to the electric car over gasoline models. First, since coal-powered generation plants are large-scale operations they can boast efficient designs to reduce the amount of emissions compared to the smaller internal combustion engine designs of gasoline powered vehicles. Further, coal plants are single-point sources of pollution, which allows for easier clean up by regulating the smoke stacks instead of controlling millions of tailpipes. Finally, generation of electricity is not limited to coal. Renewables can be used, such as wind and water, to generate electricity to fuel the electric cars. As renewable energy technology is expanded the electric car may one day create low emissions or no emissions, while its gasoline powered counterparts are limited by their combustion engines.

Why are electric cars considered green when they use electricity from coal to power them?

, DIY Solar Panels Review, June 18, 2010,

http://power-shift.org/why-are-electric-cars-considered-green-when-they-use-electricity-from-coal-to-power-them

.

Overall, the electric car does provide many environmental advantages over the inferior gasoline models, especially as future renewable technology is created. Yet, there is still fear that the money spent on providing infrastructures to make electric cars a practical option is fruitless, if another so called “green” car is found to be more efficient and once again leads to the fall of the electric car. The risk is only multiplied due to Toyota’s and GM’s continued work on hydrogen vehicles. Larry Greenemeier,

The Great Electric Car Quandary: How to Build a Charging Infrastructure Before Demand Grows

, Scientific American, August 14, 2009,

http://www.scientificamerican.com/article.cfm?id=electric-car-quandary

.

However, amidst all this risk and uncertainty one thing is for certain, Kentucky is not likely to see any of the initial electric car models due to our failure to meet the primary factors set forth by electric car manufacturers.

The Battle Over Immigration and Its Impact on the Agriculture Industry

By Rebecca Griffin, Staff Member

The truth of the matter is that “immigrants are a growing part of the Kentucky labor force and are often found in difficult to fill occupations, including... agriculture workers on tobacco and horse farms.” Legislative Research Commission, Immigration in Kentucky: A Preliminary Description, No. 305 at 1 (2002). Based on this fact, those in the agriculture and equine industries in Kentucky and throughout the United States should pay close attention to the controversy over the constitutionality of the recent reforms in state immigration laws. The controversy began earlier this year when Arizona strengthened its immigrations laws. The more stringent reforms acted as a catalyst that intensified the debate over illegal immigration and prompted other states and municipalities to draft and promote their own tougher immigration laws. What does Arizona’s immigration law do?, CNN, April 23, 2010, http://articles.cnn.com/2010-04-23/politics/immigration.faq_1_immigration-reform-law-institute-immigrant-advocates-illegal?_s=PM:POLITICS.

An alarming trend in these recently adopted state and municipal laws is the targeting of businesses “who hire illegal laborers.” Id. State legislatures are able to target and pressure businesses to not hire illegal immigrants by including “business death penalty” clauses in their reforms. These provisions allow “the state to revoke the charter and articles of incorporation” of businesses that do not fully comply with reformed immigration laws and could potentially damage equine and agriculture businesses that either knowingly or inadvertently hire illegal immigrants. Id.

Courts throughout the nation are now deciding the fate of these recently enacted reforms. Currently, there is a “split on whether states and municipalities have the right to enforce laws dealing with immigration.” Micheal Rubinkam, Pa. mayor to take immigration law to Supreme Court, Yahoo!, Sept. 9, 2010, http://news.yahoo.com/s/ap/20100909/ap_on_re_us/us_illegal_immigrants_crackdown. The underlying legal issue causing the split is whether the enforcement of state or municipal regulations “intrudes into federal immigration enforcement.” Jerry Markon and Stephanie McCrummen, Arizona Immigration Law SB 1070- judge blocks some sections, Washington Post, July 29, 2010, http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072801794.html. Several courts have already attempted to resolve this issue. In July of this summer, U.S. District Judge Susan Bolton ordered an injunction on portions of the Arizona Bill based on her decision that enforcement of Arizona’s immigration law intrudes on federal enforcement. U.S. v. Arizona, 703 F. Supp. 2d 980 (D. Az. 2010). Similarly, in September of 2010, the Third Circuit came down with a decision - Lozano v. City of Hazleton, No. 07-3531, 2010 U.S. App. Lexis 18835 (3d Cir. Sept. 9, 2010)- that the municipality of Hazleton, PA cannot enforce its immigration laws on the basis of preemption. Rubinkam, supra.

Recent developments suggest that this trend of targeting businesses in state and local immigration law may stop. But, those in support of the more stringent state and municipal immigration laws say they will continue to fight for the measures. Id. Uncertainty about whether or not agriculture or equine industries will suffer from these business death penalty clauses will not be resolved until the Supreme Court rules on the issue. Businesses in these industries have an opportunity to influence this debate by filing suit or intervening in pending suits, arguing that the promulgation and enforcement of immigration law is under the domain of the federal government. By contributing to the debate now, industry players may have a chance to stop state governments from adopting and enforcing business death penalty clauses, which could have fatal consequences for agriculture and equine business in the future.

Looking to China for Environmental Inspiration

By Bradley S. Harn, Staff Member

The 2008 Summer Olympics displayed not only the world’s largest sporting event, but also the rampant pollution plaguing China. Audiences around the world tuned in to find tourists wearing masks and athletes refusing to participate. There is no doubt that the widespread use of coal in China is a major factor in creating these conditions. Roughly 70% of China's total energy consumption comes from coal, but this has lead to severe environmental damage. “China now uses more coal than the United States, Europe and Japan combined, making it the world’s largest emitter of gases that are warming the planet.” Keith Bradsher,

China Outpaces U.S. in Cleaner Coal-Fired Plants

, The New York Times, May 10 2009,

available at

http://www.nytimes.com/2009/05/11/world/asia/11coal.html. Beijing and Shenyang have some of the highest readings for total suspended particulates and SO2 in the world, with coal burning being a major source of this. In southern China, large areas have growing acid rain problems.

Yuhuan 1,000MW Ultra-Supercritical Pressure Boilers, China

, Power-Technology, http://www.power-technology.com/projects/yuhuancoal/ (last visited Sept. 19, 2010).

However, despite China’s enormous reliance on coal, they are also a leader in efficient and alternative energy. For example, China now requires power companies to retire an older, dirtier power plant for each new one they build. Bradsher,

supra

. These new power plants are significantly more efficient than their American counterparts.

Id.

Beyond coal, China is making important strides in other areas.They are currently the world’s second largest producer of wind energy, behind only the United States. Lloyd McGraw,

GWEC: China is the Second Largest Producer of Wind Energy

,

Consumer Energy Report, April 12, 2010,

available at

http://www.consumerenergyreport.com/2010/04/12/gwec-china-is-the-second-largest-producer-of-wind-energy/.

China is also developing significant solar energy and hydroelectric power technologies. “Last year, China invested about $34 billion in solar panels, wind turbines and other alternative energy technologies, nearly twice as much as the United States, where spending fell sharply.” Andrew Higgins,

With Solar Valley Project, China Embarks on Bold Green Mission

, The Washington Post, May 17, 2010,

available at

http://www.washingtonpost.com/wp-dyn/content/article/2010/05/16/AR2010051603482_2.html?sid=ST2010051701091

China has established itself as the worldwide leader in the energy sector. Because of this, the United States needs to greatly increase its own efforts in order to remain competitive. President Obama declared in his January 2010 State of the Union address, “I do not accept a future where the jobs and industries of tomorrow take root beyond our borders, and I know you don’t either.” Bradsher,

supra

. What do you think the U.S. government can do to become a leader in alternative energy policy?