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 Shortly after, the legislature rescinded the rule, which Short argues was the right decision because of the requirement's uncertainty in enforcement and effectiveness, as well as the detriment to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.
Blog By: Dylan Keefe
In August 2022, Congress passed the most significant climate legislation in American history: the Inflation Reduction Act. With historic funding secured, the country should be well on its way toward clean energy production, right? Well, not quite. Another obstacle remains: federal permitting requirements.
Blog By: Mary Jocelyn
In a statement accompanying the denial of certiorari for the most recent Antiquities Act case, Chief Justice Roberts discussed two critical components of the act yet to be determined by Congress or the courts - what is the smallest area compatible for the monument and how it should be operationalized. In this blog, 2L staffer Mary Jocelyn argues that the proclamation of Bears Ears as a national monument under the Antiquities Act is a paradox because it actually impairs the necessary resources required for management.
Blog By: Jordan Kamp
Following the Supreme Court’s landmark decision in McGirt v. Oklahoma, the state of Oklahoma has experienced a shift in its jurisdiction over surface coal mining. In this blog, 2L staffer Jordan Kamp argues that Oklahoma and its Tribes should draft intergovernmental agreements pertaining to surface coal mining that would enable the State to maintain some form of regulatory control.
Blog By: Sydney LaRue
Palm oil is found in a multitude of everyday products. In this blog, 2L staffer Sydney LaRue demonstrates that the bulk consumption of palm oil has led to deforestation. LaRue ultimately argues for more sustainable practices by requiring companies to disclose palm oil on ingredient lists and for consumers to demand the use of only sustainably grown palm oil.
Blog by: Matthew Hayes
In 2018, California voters passed Proposition Twelve, which prohibited the sale of meat procured from animals held in gestation crates. Gestation crates have been widely criticized as being an inhumane practice, despite their broad usage in the pork industry. Although the pork industry is challenging Proposition Twelve on a constitutional basis, 3L staffer Matthew Hayes explains why these actions should fail.
Blog by: Cameron Coyle
The U.S. Forest Service is proceeding with the South Red Bird Wildlife Enhancement Project, which is a plan to remove a substantial amount of trees in Daniel Boone National Forest. Kentucky Heartwood has filed an action in an attempt to stop the project. 2L staffer Cameron Coyle talks about the details of the action and the likelihood of its success in this piece.
Blog by: Christian T. Deeter
The Horseracing Integrity and Safety Act (HISA) created a non-governmental entity to regulate the horseracing industry and promote animal safety. There has been a split of authority regarding whether the Authority’s regulatory regime violates the non-delegation doctrine. Christian T. Deeter, our 2L staffer, argues that the Authority is lawful and beneficial to the industry.
Blog by: Shawn Harkins
The popular pesticide for both agricultural and consumer use, Round-Up, contains a harmful chemical that is linked to several adverse health effects. As a result, Bayer Company has unsuccessfully battled claims under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and state law. Shawn Harkins discusses the current state of the Round-Up litigation and potential regulation of it in the future.
