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.
3L Staffer Erik Farleigh argues that government subsidies in the emerging carbon capture industry will stifle the innovation that makes carbon capture technology so exciting.
To read more on why, check out his Blog here,
http://www.kjeanrl.com/full-blog/the-exciting-technology-of-carbon-capture-is-capturing-too-many-taxpayer-dollars
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.
To read more, find Richey’s Blog at http://www.kjeanrl.com/full-blog/richey
3L Staffer Bethany Thompson discusses a recent expansion of veteran health care benefits, the PACT Act. This Act focuses on legislative efforts to address women veterans’ high risk of breast cancer and the Veteran Affairs’ failure to adequately implement those efforts.
Read More Here: http://www.kjeanrl.com/full-blog/thompson
In this blog, 3L Justin Potter discusses the Bureau of Land Management’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.
Read More: http://www.kjeanrl.com/full-blog/potterblog
KJEANRL is excited to share the current 3L Staff Notes that were selected for publication. Please join us in congratulating this group as they spent countless hours researching and writing their Notes!
We are grateful for these pieces, as they discuss, in detail, the legal, policy, and ethical issues related to the Journal.
In her blog, staffer Kait Willis argues that Section 10 of the Endangered Species Act needs a revision consistent with Fish and Wildlife Service’s proposed rule, which strengthens voluntary conservation efforts. Willis supports FWS’s proposed rule, as it allows for refined incidental take and survival permit requirements, both of which align with the ESA’s mission.
Reminder that our apparel sale will close this weekend! This sale is open to students, faculty, alumni, or anyone else that may be interested.
Free local pick up at the law school at the end of the month, or shipping for your convenience. Thank you for supporting KJEANRL!
After much success in the spring, KJEANRL is excited about re-opening an apparel order, which is available to students, faculty, alumni, etc. This will be the only opportunity to purchase these items.
The online store will close on August 6, 2023 at midnight. We greatly appreciate your support! If local, items will be ready for pick-up during the first week of school, and details will follow for purchasers!
https://pogo.undergroundshirts.com/collections/kentucky-horse-journal-apparel-sale
It is with a heavy heart that we share news of the passing of UK Law graduate Seth Stevens (‘22).
Seth was a Notes Editor on KJEANRL, where he was an invaluable leader, mentor, and friend. As an attorney, Seth remained committed to serving his community every day. He will be greatly missed. Our heartfelt thoughts are with his family during this difficult time.
Obituary: https://www.dignitymemorial.com/obituaries/lagrange-ky/seth-stevens-11383496
Memorial Donation: https://supporting.afsp.org/index.cfm?fuseaction=donorDrive.personalCampaign&participantID=2835768
After much success in the spring, KJEANRL is excited about re-opening an apparel order, which is available to students, faculty, alumni, etc. This will be the only opportunity to purchase these items.
The online store will close on August 6, 2023 at midnight. We greatly appreciate your support! If local, items will be ready for pick-up during the first week of school, and details will follow for purchasers!
https://pogo.undergroundshirts.com/collections/kentucky-horse-journal-apparel-sale
The Kentucky Journal of Equine, Agriculture, and Natural Resources Law is eager to announce the official publication of the Volume 16 masthead.
Please join us in welcoming the new 2L staffers to the Journal! We are certain this group will further KJEANRL’s mission of promoting compelling issues in equine, agriculture, and natural resources law.
In this blog, 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 operative. Several landowners and coal companies favor the pastureland method of land reclamation, involving smoothed over hills and 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.
Read more here: http://www.kjeanrl.com/full-blog/roarkblog2
In this blog, 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 and fertilizer recipes. To avoid this, Shelton argues that the ban should not go into place.
Read more here: http://www.kjeanrl.com/full-blog/owenblog
Breanna Carper, one of our recent graduates, discusses the Fair Labor Standards Act (FLSA) and its intentional omission of agricultural workers from its protections in this blog. Breanna calls on Congress to rectify this and afford agricultural laborers a minimum wage, overtime pay, and other benefits enjoyed by laborers in other industries.
Read the full piece here: http://www.kjeanrl.com/full-blog/carperblog
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.
Read more here: http://www.kjeanrl.com/full-blog/hereshblog2
In this blog, 2L staffer Yuha Jung discusses the potential impacts of climate change on key resources in the 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 depletion of these resources and so bourbon production can continue to thrive.
Read more here: http://www.kjeanrl.com/full-blog/jungblog
In this blog, 2L staffer Kara Legg discusses the FTC’s proposed rule prohibiting nearly all non-compete clauses. Given that Kentucky has no statutory restrictions on non-compete clauses and that most farms in the state are family-owned, Kara argues that the rule would benefit Kentucky farmers. Read the full piece here: http://www.kjeanrl.com/full-blog/leggblog
In this blog, 2L staffer Matthew Pakkala argues for comprehensive legislation to eliminate the arbitrary nature in which medical ma*****na is classified in Kentucky. This blog was written prior to the passage of said legislation, which actually occurred in March of this year.
Read more here: http://www.kjeanrl.com/full-blog/pakkalablog
Volume 15 of the Kentucky Journal of Equine, Agriculture and Natural Resources Law.
Thank you to our amazing editorial board, staff editors, and authors for their work in advancing KJEANRL this past year!
Traditional styles of architecture tend to be more sustainable, while modern styles of architecture tend to be less sustainable. In this blog, 3L staffer John Hayman considers the carbon footprint of different types of architecture and argues for the construction of architecture that is less environmentally destructive.
Read more here: http://www.kjeanrl.com/full-blog/haymanblog2
Conservation easements are a tool that private parties can use to protect lands by receiving tax deductions in exchange for agreeing to land use restrictions. However, some groups of investors are taking advantage of this tool by making questionable appraisals of their property before getting an easement, allowing them to receive vastly larger deductions. In this blog, 2L staffer Joseph White discusses how a new law passed by Congress addresses these questionable practices by limiting the eligibility for those deductions.
Read more here: http://www.kjeanrl.com/full-blog/jwhiteblog
The increase of sensors and software on modern farming equipment has allowed manufacturers like John Deere to control the repair process of their farm equipment. In this blog, 3L staffer Ryan Stuart argues that farmers need right-to-repair legislation to ensure that individuals can access the tools needed to repair their own equipment.
Read more here: http://www.kjeanrl.com/full-blog/stuartblog2
There has been a large decline in the number of farms and agricultural workers in the United States, creating a labor shortage. In this blog, 3L staffer Emily Riggs proposes solutions to this labor shortage through automated farming and legislative reform.
Read more here: http://www.kjeanrl.com/full-blog/riggsblog2
The Inflation Reduction Act includes a tax credit for nuclear power production. In this blog, 3L staffer Abby Noser explains the tax credits for nuclear energy under the IRA and argues that Kentucky should adopt Senate Resolution 171 so that the state can take advantage of the current IRA tax credits.
Read more here: http://www.kjeanrl.com/full-blog/noserblog2
Despite political polarization, environmental, social, and governance (ESG) investments are on the rise. In this blog, Notes Editor Garrison Rosser explains that lawyers should embrace ESG practices to better advise their clients while also leaving the environment in a better condition.
Read more here: http://www.kjeanrl.com/full-blog/rosserblog
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates pesticide distribution, sale, and use. In this blog, 2L staffer Julia Ray explains that current structure of FIFRA allows unsafe pesticides to be produced in the US. Further, Ray argues that FIFRA should be amended to remove the registration exception for exported pesticides to promote public health and minimize the environmental impact of pesticides.
Read more here: http://www.kjeanrl.com/full-blog/rayblog
Join us tomorrow during lunch hour in room 295 for the abbreviated note training! Attendance at this meeting is recommended for those planning to participate in the write-on program.
Lunch will be provided!
Join us today during lunch hour in room 295 for a mandatory bluebook training! Attendance at this meeting is required to participate in write-on.
In 2017, five animal activists removed two sick piglets from a pork manufacturing facility and a jury found the defendants not guilty on all charges. In this blog, 2L staffer Julia Giordano analyzes this case and explains how its implications could transcend to other animal welfare cases.
Read more here: http://www.kjeanrl.com/full-blog/giordanoblog
Happening today! See you there!
1Ls, join us today during lunch hour in the grand courtroom for a mandatory journal write-on interest meeting! If you are considering the journal write-on process at all, attendance is required.
Lunch will be provided!
It’s that time of year again: KJEANRL’s annual symposium is this Friday, March 31st in the Grand Courtroom at UK Law! We couldn’t be more excited for all of our amazing speakers coming to discuss West Virginia v. EPA and its potential impact on environmental litigation. Please feel free to submit any questions you have for our speakers via the QR code. And please stop by and enjoy some complimentary Bourbon n’ Toulouse. See you there!
We are thrilled to share the masthead for Volume 16 of KJEANRL! We look forward to publishing legal scholarship in equine, agriculture, and natural resources law under these new leaders. Congratulations to the new board!
Join us tomorrow during lunch hour in room 297 for a discussion on diversity in legal discourse and journal membership, the value of journal experience, and the diversity statement portion of the write-on process.
Lunch will be provided!
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. 2L staffer Dylan Keefe explores the issue in his latest blog.
Read more here: http://www.kjeanrl.com/full-blog/keefeblog
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 a 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.
Read more here: http://www.kjeanrl.com/full-blog/jocelynblog
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.
Read more here: http://www.kjeanrl.com/full-blog/kampblog
Wind is one of the most popular renewable energy resources. In this blog, 3L staffer Jenny Lohr discusses the future of wind energy while also considering the potential environmental benefits and drawbacks.
Read more here: http://www.kjeanrl.com/full-blog/lohrblog2
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.
Read more here: http://www.kjeanrl.com/full-blog/larueblog
A circuit split existed in determining whether a conveyance of pollutants through groundwater and into navigable water constituted a violation of the Clean Water Act. Although the Supreme Court attempted to resolve the issue in 2020, Notes Editor Henry Cashen argues that the Court’s guidance is insufficient to direct lower courts in their analyses. Cashen advocates for a mutli-factored balancing test to determine whether a direct discharge of a pollutant or its “functional equivalent” violates the Clean Water Act’s provisions, regardless of the conveyance method.
Read more here: http://www.kjeanrl.com/cashennote
Come join us tonight from 5-7pm at West Sixth Brewing for a networking happy hour! We are so excited to have co-sponsored this event with TAB and the Fayette Co. Bar Association Young Lawyers Section, and we hope to see you there!
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