In the recent case of State v. Fessenden, the Supreme Court of Oregon held that a police officer did not violate a person’s Fourth Amendment right to be free from unreasonable search and seizure when the officer entered private property, without a warrant, in order to seize an emaciated horse and take it to a veterinarian for treatment. In upholding the two defendants’ convictions for animal abuse and animal neglect, the court concluded that the officer acted lawfully because he had probable cause to believe the crime of animal neglect was occurring and he reasonably believed immediate action was necessary to prevent further harm to the horse. Acting on a call from the two defendants’ neighbor, the officer had observed the horse on the defendant’s property from the driveway, noticing that “the horse's backbone protruded, her withers stood up, her neck was thin, all of her ribs were visible, she had no visible fatty tissue in her shoulders, and she was ‘swaying a little bit.’” Observance of the horse’s condition, partnered with the belief that acquisition of a warrant to enter the defendants’ property would take between four to eight hours, led the officer to exercise no hesitation in entering the property.
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.
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.
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.
Blog By: Daniel Martell
In his blog, Vol. 17 Executive Editor Daniel Martell reports on a barrier in the transition to clean energy: local opposition to solar projects in rural communities. While opposition groups have delayed and derailed solar projects in the past, Martell argues that there are steps that solar farm developers can take to the conflict and cost that come with public opposition to their energy projects.
Blog By: Daniel Short
2L Staffer Daniel Short discusses the Kentucky legislature's decision to create an acreage requirement for hunting and fishing licenses, exempt private landowners. Shortly after, the legislature rescinded the rule, which Short argues was the right decision because of the requirement's uncertainty in enforcement and effectiveness, as well as the detriment to resident outdoorsmen.
