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
KJEANRL
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

Clean Water Act

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The Fight Over Tribal Authority Under the Clean Water Act

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The Fight Over Tribal Authority Under the Clean Water Act

2L staffer, Zachary Mills, discusses the importance of the Clean Water Act and how the act continues to change through public and presidential pressure. Mills focuses explicitly on Section 401 of the Act, where it designates state and tribal governments as “certifying authorities” for these licenses, but after Trump’s Executive Order 13956, the EPA narrowed Section 401. Mills highly encourages courts to truly realize the change to Section 401 of the Clean Water Act does more harm than good for the Native American communities.

Supreme Court to Take on the Muddy and Polluted Interpretations of the Clean Water Act

Supreme Court to Take on the Muddy and Polluted Interpretations of the Clean Water Act

Preview Lauren Keeler’s note on the Clean Water Act in this blog post. Updated to reflect the arguments heard before the Supreme Court on November 6, 2019, this blog provides an overview of the litigation surrounding the Clean Water Act as well as insights into the arguments heard thus far.

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Coal Ash in Herrington Lake and the Clean Water Act

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Coal Ash in Herrington Lake and the Clean Water Act

A Sixth Circuit case alleged that Kentucky Utilities violated the Clean Water Act and the Resources Conservation and Recovery Act. In 2018 the suit was dismissed due to Kentucky Utilities having agreed to submit a remedial action plan. This plan is currently pending, but there are some issues as some believe the Clean Water Act does not relate to groundwater. Kyle Ruschell is hoping this case could clarify the Clean Water Act.

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.