Blog By: Ben Robinson
In this blog, 2L Staffer Ben Robinson discusses the environmental ideals explaining how other countries have come to give nature "natural rights". He further advocates for a possible solution that replicates the international concept of natural rights, while conforming to and working within the United States legal system.
Blog By: Phillip Burress
In the summer of 2024, the Supreme Court overturned a precedent relied upon for decades by federal agencies. In this blog, 3L Staffer Phillip Burress discusses that with the death of Chevron deference, federal agencies face new challenges and an increased risk of litigation for interpretations they make on ambiguous statutes. Burress points out that many agencies have been preparing for this change for the past decade, and the threat this change imposes may not be as severe as many people think.
In this blog, 3L Staffer Bailey Truitt discusses the current trend of selling horse farms and the push to divide the land into housing in Lexington and all across Kentucky. Truitt discusses that while housing is necessary for Lexington, dividing up agricultural land is detrimental to the historical equine industry as well as contributing to the urban sprawl problem found in Lexington. Truitt argues that maintaining horse farms and agricultural land in and around Lexington is the best choice for the economic development and protection of historical business, as well as the prevention of urban sprawl.
Blog By: Lydia Deaton
In this blog, 2L Staffer Lydia Deaton argues that the agricultural community should apply intellectual property doctrines to solve agriculture’s emerging data security issues. Deaton discusses that so far, neither Congress nor the agriculture industry has provided much guidance on potential solutions to data security issues. Deaton contends that creating legislation with agricultural-specific IP protections would provide the data protections that are needed.
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: Nathaniel Richey
Whatever their reasons for buying organic, American consumers of organic food rely on the integrity of the “USDA Organic” label. In this blog, 3L Staffer Nathaniel Richey discusses some longstanding concerns about the poor enforcement of the USDA organic standards. The USDA seeks to address these concerns through the new Strengthening Organic Enforcement Rule, a better-late-than-never effort by the agency to improve the organic label’s integrity.
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.
