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.
Blog By: Joseph White
In his blog, 3L staffer Joseph White summarizes a public trust doctrine dispute that was recently adjudicated in Colorado. He addresses the dispute’s birth and answers how the case should’ve been decided if decided on the merits. Further, he argues that, where appropriate, landowners’ expectations should be considered because the legal ambiguity of Colorado’s public trust doctrine creates an unforeseen problem for landowners.
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.
