KJEANRL
Whiskey Fungus: the Kentucky Courts' Ticking ...

Blog By: Phillip Burress

Kentucky is home to 100 distilleries in 42 counties and produces 95% of the world's bourbon. In this Blog, 3L Phillip Burress discusses the threat posed by "Whiskey Fungus" on Kentucky property owners and the legal challenges facing Kentucky distillers.

Whiskey Fungus: the Kentucky Courts' Ticking Timebomb
KJEANRL
Prop 12 – Should Congress Stay Silent?

Blog By: Ashton Edwards

In this Blog, 3L Staffer Ashton Edwards argues that instead of staying silent on the issue, Congress should respond to the interstate commerce concerns that reside in the Prop 12, a proposition that was made law by the U.S. Supreme Court in 2023. Edwards discusses that so far, Congress has yet to address the arguments and concerns of Farmers, the Court, or citizens, even though this law arguably has a substantial impact on interstate commerce.

Prop 12 – Should Congress Stay Silent?
KJEANRL
Cut the Tax: What Rescheduling Marijuana Could ...

Blog By: Antonio C. Ellzey

In this Blog, 3L Staffer Antonio C. Ellzey discusses the challenges faced by entrepreneurs in the cannabis industry, particularly the impact of Section 280E of the Internal Revenue Code, which limits deductions for businesses engaged in the cannabis trade due to federal prohibition. Ellzey discusses the potential benefits of rescheduling cannabis from Schedule I to Schedule III, which he argues would alleviate financial burdens on cannabis businesses, enhance safety, and stimulate economic growth.

Cut the Tax: What Rescheduling Marijuana Could Mean for Section 280E and Cannabis-Related Businesses
KJEANRL
Youth Climate Cases: Inspirations and Challenges

Blog By: Yuha Jung

In this Blog, outgoing 3L Staffer Yuha Jung explores two recent youth climate cases, one resolved in Montana (Held v. State) and another ongoing in California (Genesis v. EPA), emphasizing their implications for future climate litigation. Jung contends that youth-led climate lawsuits will ultimately contribute positively to safeguarding a clean and healthy climate for future generations.

Youth Climate Cases: Inspirations and Challenges
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Protected Predators: The Double-Edged Talons of ...

Blog By: Camille Camp

In this blog, 2L Staffer Camille Camp discusses the threat black vultures pose to the livestock industry and the proposed bill aimed at assisting livestock producers. Additionally, she highlights the essential ecological function served by black vultures and stresses the importance of finding a sustainable solution that both addresses the threat to livestock and preserves the black vulture population.

Protected Predators: The Double-Edged Talons of Black Vultures in the Livestock Industry

CWA

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WOTUS and the Future of Wetland Protection

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WOTUS and the Future of Wetland Protection

In recent years it has become unclear what wetlands are protected. Senior Staffer Seth Stroud discusses the upcoming Supreme Court case, Sackett v. EPA, which will analyze this issue. The plaintiffs believe the Court should use Justice Scalia’s test (continuous surface connection) while opposing counsel favors Justice Kennedy’s test (significant nexus) for determining what wetlands will be protected. While Stroud analyzes this issue, he expresses the concern of many that the Supreme might be undercutting EPA’s rule-making efforts.

Repealing Rapanos: Shrinking the Clean Water Act’s Jurisdiction

Repealing Rapanos: Shrinking the Clean Water Act’s Jurisdiction

It is not often that a criminal appeal can change the face of American environmental law and change the jurisdiction of major environmental legislation. This is why anyone concerned with ecological diversity or clean water ought to be watching closely for the Supreme Court’s upcoming decision in United States v. Hughes. In particular, it may greatly decrease the regulatory scope of the Clean Water Act, which controls the discharge of pollutants into the “navigable waters” of the United States.