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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?
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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
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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
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Plows vs. Panels: Community Opposition to Solar ...

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.

Plows vs. Panels: Community Opposition to Solar Farm Projects

Instant Racing Dealt Instant Blow In Texas

By: Sam Reinhardt, Staff Member

The Texas Racing Commission recently sustained a setback in its efforts to implement Instant Racing machines at the state’s racetracks. Last November, Travis County District Judge Lora Livingston ruled that the Texas Racing Commission lacked the authority to allow the installation of historical racing machines at Texas racetracks.[i] Livingston’s ruling came just months after the Texas Racing Commission amended its rules to allow Instant Racing machines at Texas horse and dog tracks.[ii]

The lawsuit challenging the Racing Commission’s efforts was brought by a coalition representing charitable bingo halls. [iii]  Opponents of Instant Racing fear that this form of gambling would make the charitable bingo halls virtually extinct.[iv] As noted by Steve Bresnen, a spokesman for the coalition, “Had these slot machines been allowed to be implemented bingo would have been devastated.”[v]

However, proponents of this new form of gambling view this as a way to revive the struggling horse racing industry and compete with out-of-state tracks that offer casinos.[vi] It comes as no surprise to learn that Judge Livingston’s ruling disappointed those in favor of Instant Racing. Sam Houston Race Park CEO Andrea Young stated, “Today’s decision is a blow to the Texas horse industry and to the thousands of hardworking horse men and women.”[vii]

In a general sense, Instant Racing is a form of wagering in which the bettor wagers on a horse race that was previously run at an approved racing facility.[viii] Bettors insert money into the Instant Racing terminal and then select a horse identified by a number.[ix] Bettors are not given the time, place, or identity of the horse and are instead restricted to “minimal statistical data.”[x]

Texas isn’t the only state currently entangled in Instant Racing litigation, as Nebraska, Kentucky, Wyoming, and Oregon are all awaiting final orders from their respective courts as to whether this method of gambling is permitted.[xi] In a ruling that contrasts with the Texas District Court, the Supreme Court of Kentucky recently held that the Kentucky Horse Racing Commission does have the statutory authority to regulate the operation of pari-mutuel wagering on historic horse racing.[xii] However, the case is still pending as it was remanded to the Franklin Circuit Court to determine whether or not Instant Racing is a true form of pari-mutuel wagering.[xiii]

The horse industry is experiencing a steady decline in both interest and revenue.[xiv] From 2002 to 2010 wagering revenue on thoroughbred racing in the United States declined from $15 billion to $11 billion.[xv] Instant Racing is a way to remedy this freefall by reviving the interest of old bettors while simultaneously attracting and acquiring new bettors through an innovative form of horse racing.

[i] Aman Batheja, Judge Strikes Down Plans for “Historical Racing”, TexasTribune.org (Nov. 10, 2014), http://www.texastribune.org/2014/11/10/judge-strikes-down-state-plans-historical-racing/. (last visited Nov. 17, 2014).

[ii] Anna Tinsley, Texas Fight Over Slot-Machine Like Devices Far From Over, Star-Telegram.com (Nov. 11, 2014), http://www.star-telegram.com/2014/11/11/6280316/texas-fight-over-slot-machinelike.html. (last visited Nov. 17, 2014).

[iii] Batheja, supra note i.

[iv] Id.

[v] Tinsley, supra note ii.

[vi] Id.

[vii] Historical Racing Dealt Setback in Texas, Bloodhorse.com (Nov. 11, 2014), http://www.bloodhorse.com/horse-racing/articles/88678/historical-racing-dealt-setback-in-texas. (last visited Nov. 17, 2014).

[viii] See Appalachian Racing, LLC v. Family Trust Found. of Ky., Inc. 423 S.W.3d 726 (Ky. 2014).

[ix]  Id.

[x] Id.

[xi] Charles W. Galbraith, Instant Racing is Catching On, Advance.Lexis.com (Aug. 7, 2014), https://advance.lexis.com/document/?pdmfid=1000516&crid=2d5af04a-c9f3-46a1-ba0c-703a8ad0fb95&pddocfullpath=/shared/document/analytical-materials/urn:contentItem:5CVR-5MX1-F528-G1M6-00000-00&pddocid=urn:contentItem:5CVR-5MX1-F528-G1M6-00000-00&pdcontentcomponentid=122100&ecomp=vhyg&earg=sr0&prid=9c2e02cb-f64d-48dd-9eeb-fdb2387769df.&lnsi=a589bcd3-dbc4-45a0-8dff-ac033fd098b0&aci=la&rmflag=false&sit=1416275614077.505. (last visited Nov. 17, 2014).

[xii] See Appalachian Racing, 423 S.W.3d at 730.

[xiii] Id.

[xiv] Bennett Liebman, Reasons for the Decline of Horse Racing, NYTimes.com (June 6, 2010), http://therail.blogs.nytimes.com/2010/06/06/reasons-for-the-decline-of-horse-racing/?_r=1. (last visited Nov. 17, 2014).

[xv] Compare 2002 Equibase News Release (Jan. 9, 2003) http://www.equibase.com/news/releases/03releases/010903release.cfm. (last visited Nov. 17, 2014) with 2010 Equibase News Release (January 5, 2011) http://www.equibase.com/news/releases/010511release.cfm. (last visited November 17, 2014). 

A Cheesy Dilemma: FDA Regulations Melting Foreign Cheese Manufacturers

By: Alexis Gonzales

​The Food and Drug Administration recently placed harsher restrictions on the importation of cheese.[i] The restrictions are targeted at non-toxigenic E. coli present in the cheese.[ii] More specifically, the permitted amount of non-toxigenic E. coli was lowered from 100 MPN (most probable number) to 10 MPN.[iii]

The new restriction is placing a particularly large strain on foreign raw milk cheese manufacturers.[iv] Cheeses, such as the popular Roquefort, that use age-old recipes are not likely to be altered to comply with regulations.[v]  The recent crackdown by the FDA can be traced back to 2010 and the Food Safety Modernization Act.[vi] The act granted broader powers to the FDA to better manage food safety, including in the area of smaller cheese manufacturers.[vii]

Cheese fans are largely opposed to the stricter guidelines and fear that foreign cheese manufacturers will simply discontinue sending any raw milk cheeses to the United States as a result.[viii] However, the FDA stands by its decision to reduce the permitted amount of non-toxigenic E. coli.[ix] The FDA argues that the presence of a large amount of non-toxigenic bacteria must mean the facility producing the cheese is unclean.[x] The FDA likely fears the risk of foodborne illnesses that can arise from the use of raw, or unpasteurized, milk.

This is also not the first occurrence of the FDA placing stricter regulations on the cheese manufacturing community this year. Many artisan cheese makers took the statements of an FDA branch chief claiming the use of wood aging boards for cheese could lead to the spread of pathogens.[xi] After the outcry from the cheese community, the FDA released a clarifying statement, and emphasized that they did not plan to ban the use of wood aging boards.[xii]

The FDA is exercising its regulatory power of cheese manufacturers in an increasingly controversial manner. While the intentions of the FDA to avoid the spread of foodborne illness and promote healthy manufacturing processes may be legitimate, they also pose the risk of chilling the work of artisan cheese makers. Inconsistencies and rapid changes in regulation may lead to a decrease in availability of some of the world’s best cheeses.

[i] Janet Fletcher, FDA restrictions keeping some great cheeses out of stores, Los Angeles Times. (Sept. 3, 2014). http://www.latimes.com/food/dailydish/la-dd-new-fda-regulations-cheeses-20140903-story.html.

[ii] Id.

[iii] Id.

[iv] Id.

[v] Sean Kennedy, Foodies beware: The FDA is coming for your French cheese, CNN. (Sept. 8, 2014). http://www.cnn.com/2014/09/05/politics/fda-cheese-rules/.

[vi] Id.

[vii] Id.

[viii] Id.

[ix] Fletcher, supra note i.

[x] Id.

[xi] Gregory S. McNeal, FDA Backs Down in Fight Over Aged Cheese, Forbes. (June 10, 2014). http://www.forbes.com/sites/gregorymcneal/2014/06/10/fda-backs-down-in-fight-over-aged-cheese/.

[xii] Id.

An Oasis in the Desert: Tunisia’s Solar Plants will Quench Europe’s Energy Thirst

Nur Energy, a Tunisian company, plans on harnessing solar energy in the Sahara Desert, one of the largest deserts in the world.  With a global depletion of natural resources, energy scientists and companies have begun to utilize alternate forms of energy. Raw forms of energy, like solar energy from the sun, have become increasingly popular. Solar energy is inexpensive and in many places, like the Sahara Desert, is readily available for use. The Sahara, with its vast desert plains and almost constant sunlight proves to be a great place for multiple solar plants. The intense radiation from the constant, incoming rays along the Sahara, especially in Tunisia, can prove to be a major solution to this negative dependency on fossil fuels.

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Bees and the Controversial Use of Neonicotinoid Pesticides

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The recent upsurge in mass numbers of unexplained bee deaths has stirred debate over what could be causing these incidents around the globe. Some scientists now believe that a specific class of pesticides called neonicotinoids might be to blame. Last December, the European Union enacted a two-year ban on three types of neonicotinoid pesticides in response to the European Food Safety Authority’s report that stated that neonicotinoids pose “high acute risks” to pollinators, likes bees. The U.S. currently has no such ban in place. However, the EPA has expressed similar apprehension over the insecticide’s long-term effects, and certain U.S. cities are currently considering instituting local bans. 

Louisville Will Soon See an End of Plastic Bag Usage for Yard Waste Collection

While California is “executing the nation’s first statewide prohibition against grocery stores providing single-use plastic bags,” Jefferson County, Kentucky has adopted a regulation banning the use of most plastic bags for yard waste collection as a means of addressing litter and landfill concerns. On Tuesday, May 6th, 2014 the Louisville and Jefferson County Metro Government Waste Management District’s board voted unanimously (4–0) to approve a regulation banning most plastic bags for yard waste collection. The resolution approved by the waste management board adopted Yard Waste Container Regulation 51.507R, which states, “Containers for the collection of yard waste shall meet the requirements of LMCO Chapter 51.507. As an alternative yard waste may be set out in paper yard waste bags or certified compostable bags meeting ASTM D6400 standards.” In an effort to educate citizens before the regulation becomes effective on January 1, 2015, the Louisville Public Works website provides essential information including the types of acceptable containers, how yard waste will be collected, and links to other useful resources on the subject.

A Win for Workers: The EPA’s Duty to Consider Impacts on Coal Industry’s Employment

Murray Energy Corporation, along with eleven of its subsidiaries located in Kentucky, Illinois, West Virginia, Utah, and Pennsylvania, filed suit against the Environmental Protection Agency (EPA) in March, arguing that the EPA has undergone a “war on coal” by increasing regulation of coal production. Recently, the EPA’s motion to dismiss the suit was denied, allowing Murray’s claim to proceed. The Clean Air Act (CAA) allows industry to file suit against the EPA when the challenging industry can allege the EPA failed “to perform any act or duty under [the CAA] which is not discretionary.” Murray claims the EPA failed to fulfill Section 321, which requires the agency to consider regulations’ effects on industry jobs.

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A Horse! A Horse! My Fourth Amendment Right for a Horse!

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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.