Blog By: Antonio C. Ellzey
In this blog, 3L Antonio C. Ellzey points out that California Governor Newsom recently vetoed a pending California state law that aimed to address the dangers of gas appliances. Specifically, the new law would have required manufacturers to place warning labels on gas stoves to inform consumers of their health effects. Some say the new law would help build awareness around a hidden danger while others say the new would restrict Californians’ freedom. Ellzey believes the pending law would positively impact Californians because they can make better-informed decisions around their health and safety, which would ultimately help save lives.
Blog By: Stevi Whitman
In this blog, 3L staffer Stevi Whitman argues for the use of certification marks to promote authenticity within the whiskey industry by introducing the Estate Whiskey Alliance® (EWA). The EWA is a member led association spearheaded by UK Innovate at the University of Kentucky, the James B. Beam Institute, Marker’s Mark Distillery, and other founding members, tasked with ensuring quality standards of whiskey production, promoting the benefits of local sourcing, and advancing sustainability efforts throughout the whiskey industry through the use of certification marks.
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.
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.
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.
Hide prices have been steadily decreasing over the past couple of years, directly impacting the meat-producing industry. 2L Staffer Ryan Stuart looks at the factors contributing to the current market trend, especially regarding the China leather production industry and the future of the hide and leather industry, while urging individuals to start buying leather goods again to help the hide industry.
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.
Covid-19 has had a significant impact on individuals and businesses. 2L staffer Emily Riggs discusses the new work lifestyle where people are working remotely and may not return to an office building for work, which has caused office buildings to now be vacant. Riggs strongly advocates that these buildings can help decrease the homeless population and offers an idea for how the states and the federal government can make this possible.
In recent years, the Kentucky Department of Forestry has been underfunded. 2L staffer Braydan Roark talks about how this has affected staffing issues and essential operations in the KDF. Roark advocates for a timber yield tax and lays out how it should function while putting at ease those who might have concerns about it.
Citizens of Pavillion, Wyoming, started to notice a bad taste and smell in their water. Methanol, a toxic chemical, was found in their water from fracking waste. 2L staffer Gracie Sandlin discusses how fracking companies are not required to disclose the chemical injected into the ground due to trade secrets, but is that for the best? Sandlin advocates that these chemicals should not be trade secrets, discusses what another state is doing, and hopes Wyoming will soon follow.
Johnson & Johnson has been a household name from, band-aids to baby powders and the Covid-19 vaccine over the years. Lately, they have become a bigger name in lawsuits due to their talc-based baby powder. Senior staffer, Nicola Peters, analyzes Johnson &Johnson’s new bankruptcy legal strategy known as the Texas Two-Step. Peters argues that this strategy is highly problematic and should not proceed.
Cryptocurrency has taken the world by storm lately, and everyone wants in on the action. 2L staffer, Leen Heresh, analyzes this new phenomenon. Heresh points out that although there are many benefits to Cryptocurrency, it is hurting our environment due to the enormous energy consumption required for Cryptocurrency to function. However, Heresh believes that not all hope is lost and offers some solutions to help this increasing problem.
In January of 2021, President Biden signed an Executive Order which created a pause on oil and gas leasing of federal lands. 2L staffer, Abby Noser, analyzes this Executive Order through the view of a lawsuit filed in Louisiana by thirteen states. The plaintiffs urged that the Executive Order violated the United States Constitution, the Administrative Procedure Act, the Outer Continental Shelf Lands Act, and the Mineral Leasing 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.
