Blog By: Erica Joan Radermacher
In this blog, 2L Staffer Erica Joan Radermacher argues that it is important to prioritize collaboration when considering environmental conservation efforts in Mobile Bay juxtaposed with efforts to spur trade and economic development. Radermacher analyzes arguments of both proponents and critics of dredging the channel of Mobile Bay and pushes for an attitude of partnership between environmental and economic actors.
Blog By: Ben Bertram
In this blog, 2L Staffer Ben Bertram reviews the Kentucky General Assembly's removal of the bourbon barrel tax, the only tax of its kind in the world. Bertram argues that the decision to phase out this tax eliminated an unnecessary economic barrier for an industry already facing an unreasonably high tax burden. The benefits, Bertram says, will be especially apparent to Kentucky farmers.
Blog By: Sarah Shepherd
With the threat of another farm bill expiration looming over D.C. and rural America, representatives are exploring ways to either expand or cut back on the omnibus legislation. In this blog, 2L Staffer Sarah Shepherd discusses the obstacles of passing a new farm bill, the consequences of cutting SNAP and conservation programs, and the desperate need for Congress to either pass a new, bipartisan farm bill or another extension.
Blog By: Camille Grout
In this Blog, 2L Staffer Camille Grout discuss pending federal litigation against the City of Atlanta for its alleged violation of the Clean Water Act. A vital waterway for thousands of residents in Florida and Georgia alike, the Chattahoochee River has allegedly been polluted by Atlanta’s largest wastewater plant. Grout argues that the City of Atlanta should enter into a new federal consent decree addressing the concerns and preserving the river’s health for generations to come.
Blog By: Thomas Fricker
In this blog, 2L staffer Thomas Fricker discusses the proposal of adding a "Green Amendment" to state constitutions in order to ensure that current and future generations have the constitutional right to a healthy environment. Green Amendments codify the inherent right to an environment that is protected from federal deregulation and industrial interests for current and future generations to enjoy and preserve. Fricker analyzes both sides of the movement and argues that Green Amendments should be included in state constitutions.
Recently, students from all over the country have started pushing their college or university to divest from fossil fuel companies. Students at Swarthmore College, where the movement was born in 2011, have been staging a sit-in for nearly a month asking the school to sell its holdings in the top 200 coal, oil, and gas companies.
In 2008, California voters concerned with the condition of egg laying hens, and other farm animals, took to the ballot and passed the initiative known as Proposition 2. At the time Prop 2 was passed, ninety-five percent of U.S. farm hens were kept in cramped, wire battery cages stacked on top of each other in warehouses.
The Kentucky Horse Racing Commission (KHRC) recently approved a controversial proposal to allow racetracks in the Commonwealth to card races where the competing horses would not be allowed to be administered furosemide on race day. Furosemide, an anti-bleeding medication commonly known as Lasix, is intended to decrease the effects of exercise-induced pulmonary hemorrhage (EIPH). While some initially thought the vote could have an impact at the 2015 Breeders’ Cup World Championships, which is scheduled to be run at Keeneland on October 30-31, Keeneland President and CEO Bill Thomason said he does not expect Keeneland to schedule any Lasix-free races until 2016.
The 141st running of the Kentucky Derby is upon us. Although most taxpayers have filed their 2014 returns with the IRS, cashing a winning ticket on May 2nd could come with a price. Racetrack winnings, like other gambling income, are subject to federal income tax. Currently, the Internal Revenue Service permits taxpayers to deduct gambling losses against winnings. The tax-code’s treatment of racetrack gambling proceeds has not changed much over the years, but many handicappers were relieved to see that the exemption escaped the new limits on itemized deductions that Congress enacted in 2013.
For the first time in California’s history, Governor Jerry Brown has ordered a 25 percent cut in urban water usage. “People should realize we are in a new era. The idea of your nice little green lawn getting watered every day, those days are past,” Brown remarked. The restrictions consists of not washing down sidewalks or driveways, recirculating water in fountains, and only serving water to customers per request at restaurants, among many other things. The mandatory water restrictions are the consequence of a drought that has harangued the Southwest for four consecutive years.
The Tennessee Gas Pipeline has transported natural gas throughout eighteen Kentucky counties over the past seventy years. Recently, Kinder-Morgan Energy Partners submitted a proposal to the Federal Energy Regulatory Commission to repurpose the pipeline and enable it to carry natural gas liquids. While it is uncertain if the proposal will even be approved, much debate exists regarding the environmental impact if the gas line is converted.
During the most recent session of Kentucky’s General Assembly, Kentucky Senators, Robin L. Webb and C.B. Embry Jr., introduced SB 55. This bipartisan bill will create a new section of KRS Chapter 217 that prohibits state and local governments from restricting, but not regulating, the donation of game meat to or from not-for-profit organizations for the purpose of free meal distribution.
One feature of many equine transactions is that the seller often conditions the sale of a horse on the buyer’s promise to notify the seller when the buyer wishes to sell the horses and give the original seller a chance to repurchase the horse. This is known as the Right of First Refusal (“RFR”). RFR provisions can often be found in sophisticated equine transactions involving race and show horses.
By: Eric Eaton, Staff Member
The Clean Power Plan, proposed by the EPA last summer, spawned much controversy. The proposed rule seeks to reduce carbon emissions from coal plants by promulgating guidelines for the creation of “state-specific rate-based goals for carbon dioxide emissions from the power sector, as well as guidelines for states to follow in developing plans to achieve the state-specific goals.”[i]
Though the EPA has not finalized the rule, Murray Energy Corporation filed a Petition for Extraordinary Wit soon after the EPA published the proposed rule in the Federal Register.[ii] Under the All Writs Act, federal courts may set aside agency action in accordance with “principles of the law.”[iii] Generally, judicial review of an agency is available only after the agency has undergone a final action.[iv] The All Writs Act, though, permits judicial review of a proposed rule, rather than the final rule, in “extraordinary circumstances.”[v]
Murray argues that the EPA is acting beyond the scope of its authority, which constitutes an “extraordinary circumstance.” The EPA, relying on Section 112 of the Clean Air Act (CAA), promulgated a rule in 2012 setting emission standards on existing power plants.[vi] Given the existing rule, Murray argues EPA’s Clean Power Plan, promulgated under Section 111, is an ultra vires action because Section 111 prohibits mandating standards for emissions that are not "from a source category which is regulated under Section 112.”[vii] Because, in Murray’s view, the 2012 rule regulates a source category, the Clean Power Plan is contrary to the CAA.
Murray’s interpretation relies on the House’s 1990 amendment to the CAA, which competes with the Senate’s amendment.[viii] The House version includes the above quoted portion, while the Senate version simply cross-references Section 112.[ix]
The EPA couches its argument in this ambiguity. First, the EPA’s reply brief challenged Murray’s standing and the ripeness of the issue, while reiterating that the Clean Power Plan is not a final rule and that the All Writs Act is used in very special circumstances.[x] With regard to the merits of Murray’s claim, the EPA asserts the court should afford it Chevron deference based on the textual ambiguities within Section 111, drawing support from legislative history, structure, purpose, and context of the CAA.[xi] Though the House’s version gives Murray’s argument more credence, the EPA argues ambiguities create the need for agency deference.[xii] The EPA adds that, when faced with competing amendments, the need for agency deference grows.[xiii]
[i] Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, 79 Fed.Reg. 34,830 (June 18, 2014). https://www.federalregister.gov/articles/2014/06/18/2014-13726/carbon-pollution-emission-guidelines-for-existing-stationary-sources-electric-utility-generating.
[ii] See generally, Petition for Extraordinary Wit, Murray Energy Co. v. E.P.A., No. 14-1112 (D.C. Cir. filed June 18, 2014).
[iii] All Writs Act, 28 U.S.C.A. § 1651 (2012).
[iv] Administrative Procedure Act, 5 U.S.C. § 704 (2012).
[v] Aluminum Co. of Am. v. United States, 790 F.2d 938, 942 (D.C. Cir. 1986).
[vi] Federal Register, supra, note 1.
[vii] Clean Air Act, 42 U.S.C. §112, §7412 (2012).
[viii] See EPA Reply Br., at 6, Murray Energy Co. v. E.P.A., No. 14-1112 (D.C. Cir. filed June 18, 2014).
[ix] Id.
[x] Id. at iv.
[xi] Id. at 41.
[xii] Id. at 45.
[xiii] See id. at 46.
