Kentucky Journal of Equine, Agriculture, & Natural Resources Law-KJEANRL

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Kentucky Journal of Equine, Agriculture, & Natural Resources Law-KJEANRL

KJEANRL welcomes unsolicited articles related to equine, agriculture, and natural resources. For more It is our intent that these expressions of concern (i.e.

The Kentucky Journal of Equine, Agriculture, & Natural Resources Law is a multi-disciplinary journal of law, science, and policy published twice annually by the University of Kentucky College of Law. The Journal is edited entirely by students of the UK College of Law. A forum for articles by practitioners, academicians, policy-makers, and other professionals throughout the United States and abroad

, the Journal welcomes original manuscripts focusing on the legal, policy, and ethical issues related to the environment, natural resources, land use, and energy. Shorter discussion pieces, descriptions of creative solutions to persistent problems, and commentary on policy and politics are also suitable for publication in the Journal. Each issue also includes notes written by Journal staff members. KJEANRL was named one of the Top 100 Law Journals of 2010 by Washington & Lee University School of Law. On July 1, 1992, the Journal of Mineral Law & Policy (JMLP) became the Journal of Natural Resources & Environmental Law (JNREL). The name change reflected our desire to expand our base of authors, contributors, and subscribers. It also was intended to expand the Journal's scope of coverage to include all natural resources and environmental issues. We see mineral law as an important subset of these broader categories. Since 1992 environmental law has gained increasing coverage from numerous law schools which have created environmental law journals of their own. In an effort to increase our base of authors, contributors, and subscribers we decided to tailor our journal to legal fields which do not receive as much scholarship as others such as equine and agricultural law. During the spring of 2009, the Journal of Natural Resources & Environmental Law ( JNREL) became the Kentucky Journal of Equine, Agriculture & Natural Resources Law ( KJEANRL) to reflect our dedication to addressing legal issues in the fields of equine and agricultural law while also continuing to produce scholarship on natural resources law. The Journal of Mineral Law & Policy was approved by an unanimous vote of the faculty of the University of Kentucky College of Law in January 1984. The Journal was created in recognition of the important role the mining and mineral industry has in the Commonwealth of Kentucky and the long-standing need of legal practitioners specializing in mineral law for a periodical designed specifically to address legal issues involving mining and minerals. The establishment of the Journal was also a recognition of the need to provide law students with an opportunity to become familiar with and be trained in the many various aspects of mineral law. The Journal of Mineral Law & Policy was a multi-disciplinary periodical published biannually that presented articles, surveys, notes, and comments pertaining to the mining and mineral industries. While the primary focus of JLMP were legal and policy issues concerning coal, oil and gas, oil shale, tar sands, and other energy-related mineral industries, the renamed Kentucky Journal of Equine, Agriculture & Natural Resources Law (KJEANRL) focuses on the widest possible scope of coverage of natural resources, equine and agricultural issues. KJEANRL was formed to serve as a resource for practitioners, judges, administrative agencies, and officials dealing with natural resource, equine and agricultural legal and policy issues. The Journal will continue to provide timely analytic examinations of the many issues surrounding equine, agriculture, and natural resources law and policy. It is our intent that in so doing the Journal will have a healthy influence on public policy, the legal profession, and the public, private, and industrial interests involved and concerned. From time to time the Journal will identify policy areas of concern and solicit expressions of views from academicians and other professionals. policy articles) may be restricted by page or other limitations. The Journal is published by the University of Kentucky Mineral Law Center and is edited by a student staff. Prior to July 1993 the Director of the Mineral Law Center served as Editor-In-Chief of the Journal, with students functioning as Managing Editor, Executive Editor, Articles Editor, Notes Editor, Comments Editor and Technical Editor. In July 1993 the Director of the Mineral Law Center accepted a position outside the University of Kentucky College of Law. The responsibilities of Editor-in-Chief were assumed by the member selected as Managing Editor for the 1993-1994 school year. The duties of the Editor-in-Chief, Managing Editor, and Executive Editor were reallocated so that all duties and responsibilities of these three former positions were (and still are) fulfilled by students in the positions of Editor-in-Chief and Executive Editor. During the 1994-1995 academic year the Journal discontinued its use of outside referees and the Journal's Advisory Board was dissolved. The Journal is now run entirely by students in the College of Law. Students manage all of the steps in the editorial process, from the selection of articles for publication to the preparation of electronic manuscripts for printing.

07/27/2024

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.

To read more, use the link below!
https://www.kjeanrl.com/full-blog/2024/7/12/prop-12-should-congress-stay-silent

07/26/2024

The Kentucky Journal of Equine, Agriculture, and Natural Resources Law is excited to announce the official publication of the Volume 17 masthead.

Please join us in welcoming the new 2L staffers to the Journal! We are eager to have them and looking forward to the group promoting legal scholarship in equine, agriculture, and natural resources law!

05/23/2024

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.

To read more, use the link below!
www.kjeanrl.com/full-blog/2024/5/14/cut-the-tax-what-rescheduling-marijuana-could-mean-for-section-280e-and-cannabis-related-businesses

05/15/2024

In this Blog, recent UK law alumna and Vol. 16 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.

Read more using the link below: www.kjeanrl.com/full-blog/2024/5/12/youth-climate-cases-inspirations-and-challenges

05/06/2024

In this blog, 2L Staffer Camille Camp discusses the threat black vultures pose to the livestock industry and a proposed bill designed to aid livestock producers. Additionally, she sheds light on the crucial ecological role black vultures fulfill and emphasizes the necessity of finding a sustainable solution that preserves the black vulture population.

Read more at: http://www.kjeanrl.com/full-blog/2024/3/24/protected-predators-the-double-edged-talons-of-black-vultures-in-the-livestock-industry

05/02/2024

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.

Read Martell’s blog here: https://www.kjeanrl.com/full-blog/dmartell1

05/01/2024

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.

To read more, click here: https://www.kjeanrl.com/full-blog/dshort1

04/25/2024

In this blog, 3L Staffer Caroline Butler discusses a $320 million, 2,000-acre proposal to expand Bluegrass Station to include a military airport that was made public. Butler argues that this proposal and the problems surrounding it, such as eminent domain and public pushback.

Read Butler’s blog here: https://www.kjeanrl.com/full-blog/mcbutler2

04/24/2024

In her blog, 2L Staffer Madison Boggs discusses the passage of the Whole Milk For Healthy Kids Act in the House of Representatives. The Act seeks to amend existing federal regulations governing school lunches, allowing schools to offer a broader range of milk choices to students, including whole, reduced-fat, and fat-free varieties. Boggs emphasizes the significant contribution of discarded milk in school cafeterias to food waste and advocates for expanding beverage options, including plant-based milks, in schools to tackle this widespread issue.

Read more here: https://www.kjeanrl.com/full-blog/boggs1

04/17/2024

In this blog, 3L Staffer Christian Deeter argues that the Fifth Circuit should hold the Horseracing Integrity and Safety Act (HISA) constitutional because it does not violate the non-delegation and anti-commandeering doctrines. The amended version of HISA adequately reformed the Authority, making it sufficiently subordinate to the Federal Trade Commission (FTC). Deeter supports his opinion with an analysis of the Fifth and Sixth Circuit’s recent rulings.

Read Deeter’s blog here: https://www.kjeanrl.com/full-blog/deeter2

04/16/2024

In this blog, 3L Staffer Matthew Pakkala discusses the ongoing crisis facing the Florida manatees. He briefly introduces the main threat—algae blooms—and details the situation unfolding in the Indian River Lagoon. Pakkala advocates for the Florida manatee to be reclassified as “endangered” under the Endangered Species Act of 1973.

Read more from Pakkala here: https://www.kjeanrl.com/full-blog/pakkala2

04/07/2024

In this blog, 3L Staffer Jose Herrera examines the extensive consequences of the booming avocado industry in Michoacán, Mexico. Herrera highlights environmental and social concerns that result from deforestation and corruption and advocates for regulatory reforms to address environmental degradation and safeguard community well-being.

To read more, click here: https://www.kjeanrl.com/full-blog/jherrera2

04/05/2024

The cruise ship industry has a history of harming the environment but has recently implemented energy-efficient technology to limit the amount of greenhouse gases and other waste produced by cruise liners. In this blog, 3L Staffer Sydney LaRue argues that these actions are not enough and that increased regulations on cruise ships are the answer to decreasing the harm cruise liners have on the environment.

Read her blog at: www.kjeanrl.com/full-blog/2024/3/24/the-future-of-cruise-ships-and-environmental-regulations

04/02/2024

Congratulations to the 2L Notes selected for publication! These Notes discuss compelling issues in equine, agriculture, and natural resources law, and will be featured in our Volume 17 issues.

KJEANRL thanks these authors, and all of our members, for their ongoing hard work and commitment to furthering the mission of the Journal.

04/01/2024

In this blog, 3L Staffer Nathaniel Richey discusses how the patent system has the potential to hinder innovation in the agricultural industry. Richey argues in favor of a statutory research exemption from infringement of plant utility patents, drawing parallels with the statutory research exemption applicable to pharmaceuticals and medical devices under the Hatch-Waxman Act.

Read more here: https://www.kjeanrl.com/full-blog/nrichey2

03/23/2024

The Kentucky Journal of Equine, Agriculture, and Natural Resources Law is proud to share the Volume 17 masthead for the 2024-25 school year.

Congratulations to the newly-elected editorial board! We are so excited for you to continue the KJEANRL legacy.

03/20/2024

In her blog, 3L Staffer Shelton Owen explores the competing views regarding the proposed EATS Act. Animal rights activists support Prop-12, granting states control over which producers can sell within their borders, while states' rights advocates aim to protect farmers by prohibiting state regulations from hindering trade. Owen argues that while Prop-12's intentions are good, many farmers struggle to keep up. She argues that the EATS Act is essential for meeting consumer demands and sustaining farming operations.

Read her blog at: www.kjeanrl.com/full-blog/2024/3/5/serving-drama-for-dinner-the-controversy-of-the-proposed-eats-act

03/18/2024

Attention any 1Ls interested in Journal! KLJ and KJEANRL are hosting a diversity panel on Thursday, 3/21. We’ll focus on how diversity impacts the Journals and how you can shape your interest statement to reflect your unique experiences.

Also, see the flyer for other upcoming mandatory write-on events. As always, reach out to a member on either Journal with any questions!

03/18/2024

In this blog, 3L Staffer Julia Giordano discusses Kentucky's transition to renewable energy sources like solar, highlighting the legislative efforts to regulate the decommissioning of solar panels and address concerns regarding land use, local input, and protection of landowners' rights.

Read her blog at: http://www.kjeanrl.com/full-blog/2024/3/17/planning-for-the-future-how-kentucky-legislatures-are-balancing-government-regulation-of-solar-and-the-rights-of-landowners

03/07/2024

3L Staffer Kaitlyn Willis discusses the Supreme Court’s recent oral arguments, where herring fishermen contested a 2020 rule mandating costly onboard observers. The cases will hinge on the Chevron doctrine, and Willis argues in favor of retaining Chevron because it ensures a clear legal framework, protects agency expertise, and maintains accountability to elected officials, crucial for effective governance in complex regulatory matters.

To read Willis’s full blog, click here: http://www.kjeanrl.com/full-blog/kwillis2

03/04/2024

3L Staffer Julia Ray discusses the use of synthetic food dyes in the United States and the negative impact these dyes have on human health and the environment. The United States Food and Drug Administration (FDA) acknowledges the possibility of negative health effects on individuals but places the burden on the consumer to avoid dyes if they choose. Ray argues that the negative effects of synthetic dyes—along with the fact that they add no nutritional value to food—results in the need for banning their use.

Read Ray’s blog here: http://www.kjeanrl.com/full-blog/jray2

02/27/2024

In this blog, 2L staffer Sarah Turri explores the history of animal welfare protection in the United States, specifically with respect to animal standing in court. She argues for statutory standing to extend to animals, thus providing an avenue for animals to fully vindicate their rights.

To read, check out this link: http://www.kjeanrl.com/full-blog/2024/2/11/all-the-kings-horsesfiled-a-lawsuit-a-call-for-statutory-standing-to-be-extended-to-animals

02/20/2024

In this blog, 2L Staffer Sallie Sutton argues that the healthcare industry, specifically within the United States, is rapidly increasing and leading to record-high annual deaths. Sutton suggests that the United States turn to other countries with implemented efforts to decrease greenhouse gases, thus saving lives.

Click here to read more: http://www.kjeanrl.com/full-blog/sutton1

02/12/2024

In this blog, 2L Staffer Will Miller analyzes a Colorado statute passed in 2023 establishing a farmer’s right to repair equipment, which was a huge achievement for the Right to Repair movement. He advocates for Kentucky to pass similar legislation, given the importance of the farming industry to the Commonwealth. To read Will’s Blog, check out this link: http://www.kjeanrl.com/full-blog/2024/2/11/an-industry-with-tied-hands-a-call-for-kentucky-legislation-establishing-farmers-right-to-repair

01/09/2024

In this blog, 2L staffer Jared Abrahams provides an overview of the current state of the thoroughbred breeding industry, and the present constriction of it. He advocates for the institution of a stallion cap to halt the rise in inbreeding and protect the future of the industry and the health of the breed.

To read more, click here: http://www.kjeanrl.com/full-blog/abrahamsblog1

12/29/2023

In her blog, 2L Staffer Grace McDonald explores the adverse effects of animal testing, highlighting environmental concerns that result from disposing of animal bodies and laboratory supplies, contamination of soil and water, and the loss of species from their natural habitats, among others. Grace argues that many countries have banned the testing of cosmetic products on animals, and it's time for the United States to follow suit.

Read her Blog at www.kjeanrl.com/full-blog/2023/12/28/your-beauty-is-their-pain-an-urge-for-the-us-to-ban-animal-testing-in-cosmetics

11/15/2023

In her Blog, 2L Staffer Lauren Chugg discusses why the coal mining industry in Kentucky is at a disadvantage when participating in bids to sell coal compared to other states due to the presence of a severance tax. Lauren proposes a potential remedy but ultimately advocates for a reassessment of the severance tax by the Kentucky legislature.

Read her Blog at www.kjeanrl.com/full-blog/2023/11/15/the-kentucky-coal-severance-tax-helping-or-harming-the-kentucky-coal-industry

11/06/2023

In 2021, the U.S. Food and Drug Administration created the Closer to Zero Action Plan in an effort to reduce toxic heavy metals in baby food products. In this blog, 2L staffer McKinley Pitts discusses the FDA's slow progress and inaction under its initiative. McKinley argues that the FDA possesses the power and means to institute rules for industry compliance, which is needed to mitigate the potential harmful effects of environmental contaminants in baby food.

Read her Blog using this link:
http://www.kjeanrl.com/full-blog/2023/11/5/closer-to-zero-a-call-for-fda-action-to-reduce-toxic-heavy-metals-in-baby-food-products

10/30/2023

In this blog, 2L Staffer Abbey Norvell discusses how the increased need for renewable energy and food security could be answered with a multi-faceted solution called agrivoltaics. Agrivoltaics, the practice of utilizing solar panels and agriculture on the same land, yields many benefits related to soil, wildlife, and food. As other countries experienced success in crop yields and habitation by implementing agrivoltaics, Norvell argues that the U.S. should incentivize implementing agrivoltaics by offering more substantial grants and tax breaks to farmers who utilize the practice on their farmland.

To read Norvell’s blog, click here: http://www.kjeanrl.com/full-blog/norvellblog1.

10/29/2023

The Western U.S. faces unprecedented drought coupled with a growing population and is quickly running out of water. Now, states throughout the Colorado River Basin are collectively employing cloud seeding to make it rain on demand. 3L Staffer, Mary Jocelyn, discusses the potential litigation risks and policy implications of their agreement and proposes solutions for Western Policymakers.

Read Mary’s Blog at http://www.kjeanrl.com/full-blog/keep-the-rain-falling-considerations-for-the-colorado-river-basin-cloud-seeding-agreement-ggar9

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