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Environmental Law Commons

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University of Kentucky

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Articles 1 - 30 of 272

Full-Text Articles in Environmental Law

Rectifying The Safe Drinking Water Act And The Clean Water Act: Per- And Poly-Fluoroalkyl Substances (Pfas)—A Case Study, M. Elizabeth Goss Nov 2025

Rectifying The Safe Drinking Water Act And The Clean Water Act: Per- And Poly-Fluoroalkyl Substances (Pfas)—A Case Study, M. Elizabeth Goss

Kentucky Law Journal

No abstract provided.


A Radioactive Circuit Split: Addressing Nuclear Waste Storage And Disposal In The United States, Madison King Jan 2025

A Radioactive Circuit Split: Addressing Nuclear Waste Storage And Disposal In The United States, Madison King

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Madison King analyzes the emerging circuit split concerning the Nuclear Regulatory Commission’s (NRC) authority to license interim, away-from-reactor nuclear waste storage facilities. King explains that while the D.C. and Tenth Circuits have upheld the NRC’s authority under the Atomic Energy Act, the Fifth Circuit recently rejected that interpretation, ruling the NRC lacks such authority and invoking the major questions doctrine. King argues for a legislative solution to resolve the legal uncertainty and long-standing stalemate over nuclear waste disposal. King proposes that Congress should pass the Nuclear Waste Task Force Act to reevaluate federal policy, eliminate exemptions for …


West Virginia V. Epa: Considerations For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens Jan 2025

West Virginia V. Epa: Considerations For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens

Law Faculty Scholarly Articles

When compared to historical levels, the air quality in the United States has improved. However, exposure to air pollution still rises to the top of environmental health risks experienced by Americans. It is estimated that one hundred thousand to two hundred thousand deaths annually are associated with this exposure, which exceeds the deaths from murders and car crashes combined. Further, evidence establishes that “rising concentrations of carbon dioxide, methane, and other greenhouse gases pose serious threats to public health.” Looking to the sources of greenhouse gas emissions, fossil fuel-fired power plants are the largest source of greenhouse gas emissions in …


West Virginia V. Epa: Consideration For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens Jan 2025

West Virginia V. Epa: Consideration For The Future Of Epa Greenhouse Gas Regulation, Shavonnie R. Carthens

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this article, Shavonnie Carthens examines the implications of West Virginia v. EPA, emphasizing how the Supreme Court’s use of the major questions doctrine creates uncertainty around the Environmental Protection Agency’s (“EPA”) authority to regulate greenhouse gas emissions. It argues that, in light of the doctrine’s growing influence and the end of Chevron deference, Congress should revise the Clean Air Act to explicitly authorize the EPA to regulate greenhouse emissions through system-based transitions to cleaner power-generating sources, public health-conscious considerations, and multi-agency regulatory approaches to ensure durable and effective climate policy.


Pesticide Lies! A Call For Epa Action As Recent Judicial Decisions Reveal The Harmful Truth Resulting From Exposure, Stevi Whitman Jan 2025

Pesticide Lies! A Call For Epa Action As Recent Judicial Decisions Reveal The Harmful Truth Resulting From Exposure, Stevi Whitman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

In this note, Stevi Whitman analyzes the dangers of weak pesticide regulation in the United States. Whitman explains that the EPA’s reliance on the vague “unreasonable adverse effects” standard under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) allows harmful products like Roundup to remain on the market despite strong evidence of health risks. Whitman argues for strengthening U.S. pesticide laws to match the European Union’s stricter safety threshold. She proposes amending FIFRA to require proactive bans on hazardous pesticides and greater accountability from manufacturers to better protect public health and the environment.


Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription, Garrison Rosser Jan 2024

Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription, Garrison Rosser

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Pollution Discrimination: The Epa’S Utilization Of Title Vi Of The Civil Rights Act To Bring Justice To Overburdened African American Communities, Lindsay Bates Jan 2024

Pollution Discrimination: The Epa’S Utilization Of Title Vi Of The Civil Rights Act To Bring Justice To Overburdened African American Communities, Lindsay Bates

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Future Is Electric: Nuclear Energy’S Role In Combating Climate Change And The Regulatory Measures To Enable Its Advancement, Autumn Clark Jan 2023

The Future Is Electric: Nuclear Energy’S Role In Combating Climate Change And The Regulatory Measures To Enable Its Advancement, Autumn Clark

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


An Agricultural Plastic Crisis: How Federally Endorsed Biodegradable Plastics Could Liberate The Industry In The Eleventh Hour, Samantha Davenport Jan 2023

An Agricultural Plastic Crisis: How Federally Endorsed Biodegradable Plastics Could Liberate The Industry In The Eleventh Hour, Samantha Davenport

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Changing The Conversation Around Big Oil Climate Commitments, Hannah Thompson Jan 2023

Changing The Conversation Around Big Oil Climate Commitments, Hannah Thompson

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


A New Rule: Why Broad Jurisdiction Under § 404 Of The Clean Water Act Will Protect Wetlands, Gracie Sandlin Jan 2023

A New Rule: Why Broad Jurisdiction Under § 404 Of The Clean Water Act Will Protect Wetlands, Gracie Sandlin

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Companies Over Countries: A More Pointed Approach To International Climate Treaties, Alex G. Woodward Jan 2023

Companies Over Countries: A More Pointed Approach To International Climate Treaties, Alex G. Woodward

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy Jan 2023

Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Clean Water Act And The Ocean: An Unfulfilled Promise, Robin Kundis Craig Jan 2022

The Clean Water Act And The Ocean: An Unfulfilled Promise, Robin Kundis Craig

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation, Andrew J. Biggs Jan 2022

Massachusetts V. Epa: A Pyrrhic Victory For Climate Change Litigation, Andrew J. Biggs

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Wasting Water: Why The Supreme Court Should Consider Climate Change When Appointing Water Rights Between States, Matthew Hayes Jan 2022

Wasting Water: Why The Supreme Court Should Consider Climate Change When Appointing Water Rights Between States, Matthew Hayes

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Putting The Fire Out: An Analytical Analysis Into The Bureau Of Land Management’S New Protest Petition Law, Lyndsey Antos Jan 2022

Putting The Fire Out: An Analytical Analysis Into The Bureau Of Land Management’S New Protest Petition Law, Lyndsey Antos

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Spirit Of The Law In The Anthropocene: A Massachusetts V. Environmental Protection Agency Casenote, Victoria Depalma Jan 2022

The Spirit Of The Law In The Anthropocene: A Massachusetts V. Environmental Protection Agency Casenote, Victoria Depalma

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Fixing The Holes In The Endangered Species Act, Alison Adkins Jan 2022

Fixing The Holes In The Endangered Species Act, Alison Adkins

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Agricultural Best Management Practices And A National Treasure: The Florida Experience, Silvia Alderman Jan 2022

Agricultural Best Management Practices And A National Treasure: The Florida Experience, Silvia Alderman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Importance Of The Clean Water Act And Current Attacks On Its Layers Of Oversight And Effectiveness Under Sections 401 And 404, C. Scott Kunde Jan 2022

The Importance Of The Clean Water Act And Current Attacks On Its Layers Of Oversight And Effectiveness Under Sections 401 And 404, C. Scott Kunde

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Attack Of The Invasive Carp: Why Asian Carp Are Devastating To Kentucky And What The Commonwealth Can Do To Fight Against Them, Nick Cacopardo Jan 2022

Attack Of The Invasive Carp: Why Asian Carp Are Devastating To Kentucky And What The Commonwealth Can Do To Fight Against Them, Nick Cacopardo

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Whiskey Business: The Environmental Hazards Of The Bourbon Industry And Proposed Regulatory Solutions, Zachary D. Mills Jan 2022

Whiskey Business: The Environmental Hazards Of The Bourbon Industry And Proposed Regulatory Solutions, Zachary D. Mills

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Buffering Streams: Incentivizing Riparian Buffers In The Bluegrass, Harrison J.B. Chittenden Jan 2022

Buffering Streams: Incentivizing Riparian Buffers In The Bluegrass, Harrison J.B. Chittenden

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Rethinking Reforestation: Sustainable And Economic Management Of Kentucky’S Forests, Braydan Roark Jan 2022

Rethinking Reforestation: Sustainable And Economic Management Of Kentucky’S Forests, Braydan Roark

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Methyl Tertiary Butyl Ether (Mtbe): A Certification Problem, Trevor Graves May 2021

Methyl Tertiary Butyl Ether (Mtbe): A Certification Problem, Trevor Graves

Journal of Natural Resources & Environmental Law

No abstract provided.


Pronsolino V. Nastri And Tmdls For Nonpoint Sources, Christina L. Casey May 2021

Pronsolino V. Nastri And Tmdls For Nonpoint Sources, Christina L. Casey

Journal of Natural Resources & Environmental Law

No abstract provided.


Adverse Health Impacts Of Grandfathered Power Plants And The Clean Air Act: Time To Teach Old Power Plants New Technology, Rachel H. Cease May 2021

Adverse Health Impacts Of Grandfathered Power Plants And The Clean Air Act: Time To Teach Old Power Plants New Technology, Rachel H. Cease

Journal of Natural Resources & Environmental Law

No abstract provided.


The Clear Skies Initiative: Changing The Climate Of Environmental Policy, Heather H. Bruser May 2021

The Clear Skies Initiative: Changing The Climate Of Environmental Policy, Heather H. Bruser

Journal of Natural Resources & Environmental Law

No abstract provided.


Green Versus Green: When The Economic Needs Of Minority Communities Clash With Environmental Justice Concerns, Rhoda J. Yen May 2021

Green Versus Green: When The Economic Needs Of Minority Communities Clash With Environmental Justice Concerns, Rhoda J. Yen

Journal of Natural Resources & Environmental Law

No abstract provided.