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 Shortly after, the legislature rescinded the rule, which Short argues was the right decision because of the requirement's uncertainty in enforcement and effectiveness, as well as the detriment to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: Justin Potter
In this blog, 3L Staffer Justin Potter discusses the BLM’s promulgation of the updated rules regarding methane waste and found itself caught between courts declaring them arbitrary and capricious. This blog discusses the principal case on these rules and why the Wyoming District Court took issue with BLM's reliance on ancillary factors.
Blog By: Kaitlyn Willis
In this blog, Kaitlyn Willis discusses the purpose of the Endangered Species Act (ESA) and the various changes it has seen during the past two presidential administrations. In February 2023, the Fish and Wildlife Service proposed a new rule under the ESA which would allow the FWS to issue incidental take permits for non-listed species. Kaitlyn argues that this rule is in accordance with the purpose of the ESA and would reinforce protection for both threatened and endangered species.
Blog By: Braydan Roark
In this blog, 3L staffer Braydan Roark talks about the various alternatives to surface mine reclamation and restoring land to a higher or better use after the mine is no longer in use. Several landowners and coal companies favor the pastureland method of land reclamation, which involves smoothed over hills with little plant growth. Braydan argues that more landowners and coal companies ought to consider the forestland use reclamation method, which aims to restore post-mining land to a productive forest habitat.
Blog By: Shelton Owen
In this blog, 2L staffer Shelton Owen warns that the FTC’s proposed ban on non-compete clauses could have a detrimental effect on agriculture. Specifically, she argues that the ban would inhibit agricultural producers’ ability to protect trade secrets, such as cultivation techniques, fertilizer recipes, and other specialized creation methods. To avoid this, Shelton argues that the ban should not go into place.
Blog By: Leen M. Heresh
The Price-Anderson Act was put in place to compensate members of the public who incur damages from nuclear and radiological incidents. In this blog, 3L staffer Leen Heresh discusses the shortcomings of the Price-Anderson Act through cases involving plaintiffs in Paducah, Kentucky and Portsmouth, Ohio. Heresh ultimately argues that the Price-Anderson Act should be repealed as it does not truly help the impacted plaintiffs as written.
Blog By: Breanna Carper
Breanna Carper, 3L staffer, discusses the Fair Labor Standards Act (FLSA) and its intentional omission of agricultural workers from its protections in this piece. Breanna advocates for Congress to rectify this and afford agricultural laborers a minimum wage, overtime pay, and other benefits enjoyed by laborers in other industries.
Blog By: Yuha Jung
In this blog, 2L staffer Yuha Jung talks about the potential impacts of climate change on key resources utilized in Kentucky’s bourbon industry, such as corn and white oak trees. Yuha calls on bourbon producers across the state to align themselves with the goals of the Paris Agreement to prevent the decline of these resources and so bourbon production can continue to thrive.
