LOUIS D. BRANDEIS SCHOOL OF LAW UNIVERISTY OF LOUISVILLE JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW Volume 8- Symposium Edition Summer 2017 ARTICLES The Evolving Law and Regulation of Jonathan S. Miller, Nolan Industrial Hemp in the United States M. Jackson Local Food Systems and Farmland Theresa M. Zawacki Preservation in Kentucky Commodity of the Future? Environmental Randy Strobo Ethics and the Value of Water If Cafos Are Point Sources, What Went Hank Graddy Wrong? The Wondrous Journey of Food Ronald R. Van Stockum, Jr. JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW Volume 8, Symposium Edition JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW Volume 8, Symposium Edition Copyright © 2017 by the Journal of Animal and Environmental Law. All rights reserved. This work or parts of it may not be reproduced, copied, or transmitted (except as permitted by sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), by any means including voice recordings and the copying of its digital form, without the written permission of the publisher or author. Published by the Journal of Animal and Environmental Law. Digitally published by the Journal of Animal and Environmental Law. JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW EDITORIAL BOARD Katie Bonds Evan Comer Alex Blackwell Editor-in-Chief Executive Editor Associate Editor Courtney Groszhans P. Steven Harris Senior Notes Editor Senior Articles Editor Kayla Campbell Rebecca Lambert Notes Editor Articles Editor FACULTY ADVISOR John Cross Grosscurth Professor of Law 2L STAFF MEMBERS Christine Haunsz Alyssa Peek 1L STAFF MEMBERS Anesha Blakey Lincoln Carr Aleisha Cowles Katherine Faith Simon Isham Abby Lewis Madison Mantz Sarah Ortkiese Jennifer Reynolds Rebecca Sears Michael Smith Seth Todd Joey Wilkerson JOURNAL OF ANIMAL AND ENVIRONMENTAL LAW Volume 8 Symposium Edition Summer 2017 TABLE OF CONTENTS SYMPOSIUM SUMMARY & THANK YOU ..............................................................................................7 AUTHOR BIOGRAPHIES.......................................................................................................................8 JONATHAN MILLER .............................................................................................................................. 8 NOLAN M. JACKSON............................................................................................................................. 8 THERESA ZAWACKI............................................................................................................................... 8 RANDY STROBO ..................................................................................................................................... 9 HANK GRADDY ...................................................................................................................................... 9 RONALD R. VAN STOCKUM, JR. ...................................................................................................... 11 THE EVOLVING LAW AND REGULATION OF INDUSTRIAL HEMP IN THE UNITED STATES....................... 12 JONATHAN S. MILLER ......................................................................................................................... 12 NOLAN M. JACKSON ............................................................................................................................ 12 LOCAL FOOD SYSTEMS AND FARMLAND PRESERVATION IN KENTUCKY ............................................. 38 COMMODITY OF THE FUTURE? ENVIRONMENTAL ETHICS AND THE VALUE OF WATER ....................... 49 RANDY STROBO, JD, MEM................................................................................................................. 49 IF CAFOS ARE POINT SOURCES, WHAT WENT WRONG? ..................................................................... 67 HANK GRADDY ...................................................................................................................................... 67 THE WONDROUS JOURNEY OF FOOD .............................................................................................. 101 RONALD R. VON STOCKUM, JR. ....................................................................................................... 101 Symposium Summary JAEL, Vol. 8, Symposium SYMPOSIUM SUMMARY & THANK YOU April 20, 2017, JAEL hosted its inaugural symposium in conjunction with the LBA. The goal was to provide an experiential education on agricultural issues facing Kentucky today. The symposium was a huge success. A huge thank you to all those who spoke at the symposium including Jonathan Miller, Theresa Zawacki, Randy Strobo, Hank Graddy, and Ronald R. Van Stockum, Jr. An extra special thank you to Key-Note speaker, and the Founder and Executive Director of The Berry Center, Mary Berry. Additional thanks to all those who helped plan and sponsor the event including Professor John Cross, Professor Tom Fitzgerald, the Louisville Bar Association, and The Mayan Café. 7 Author Bios JAEL, Vol. 8, Symposium AUTHOR BIOGRAPHIES Jonathan Miller, the Member-in-Charge of Frost Brown Todd’s Lexington office, also leads the firm’s Kentucky government relations practice as Principal of its public affairs affiliate, Civic Point. A former statewide elected official turned “recovering politician,” Jonathan assists his broad client base – ranging from Fortune 500 firms, to aspiring entrepreneurs, to non-profit associations – in navigating complex local, state and federal government institutions through his counsel on legal, public policy, political and public relations matters. In his law practice, Jonathan brings to bear for clients his experience from the top levels of state government (elected two-term State Treasurer and Finance Cabinet Secretary), politics (former state Democratic Party chair and prime-time speaker at the 2000 Democratic National Convention); and Capitol Hill (senior aide to a Vice President, a U.S. Secretary of Energy and a U.S. Congressman.) Nolan M. Jackson, an associate at Frost Brown Todd LLC in Lexington, Kentucky, practices in the Business Litigation group. Prior to joining Frost Brown Todd LLC, Nolan worked as a legal intern for the Attorney General of Kentucky and the Kentucky Department of Public Advocacy. Nolan also has extensive internship experience in government. In the parliament of the United Kingdom, he interned for a Deputy Opposition Whip in the House of Lords. In Congress, Nolan interned in the state constituency and Capitol Hill offices of a United States Representative. While in law school, Nolan was a member of the Moot Court Board National Team and Kentucky Law Journal. He also represented the University of Kentucky College of Law as a college senator in Student Government and as a University Supreme Court Justice. Theresa Zawacki is Senior Policy Advisor to Louisville Forward, Louisville Metro Government’s economic and real estate development authority. Ms. Zawacki coordinates Louisville Metro Government’s local food initiatives and manages a range of cross-functional policy efforts, including the newly-formed Office of Redevelopment Strategies focused on targeted neighborhood redevelopment in Louisville’s Russell neighborhood, a suite of community engagement strategies, and Louisville Forward’s project management office. Ms. Zawacki is the primary author of the Louisville CARES revolving loan program, which provides gap financing for affordable multi- family rental housing development, and has experience in public and private sector finance. Ms. Zawacki spent 9 years practicing law in the private and public sectors, where she specialized in land use, planning and zoning, land conservation and environmental law. She served as an Adjunct Professor of Land Use Law from 2005- 2006, and is a frequent national speaker on topics ranging from local food systems to brownfields redevelopment strategies. Ms. Zawacki received her undergraduate degree from Transylvania University in Lexington, Kentucky, and her J.D. and 8 Author Bios JAEL, Vol. 8, Symposium Masters of Community Planning from the University of Cincinnati in Cincinnati, Ohio. Randy Strobo is an attorney and an environmental professional. His primary areas of practice include environmental, civil, administrative, and appellate litigation across a range of issues including environmental damage, land use, planning and zoning, property, eminent domain, personal injury, permitting and regulation, industrial pollution, air and water quality, conservation planning, agricultural and historic preservation, and energy. In addition, Randy Strobo provides legislative and policy guidance, urban land use planning, and conservation planning with a focus on management, sustainability, ecosystem services, and green infrastructure to various state, national, and international clients. In this capacity, Randy has advised Karst Education and Environmental Protection (KEEP), the Kentucky Conservation Committee, Yale University, Diageo Inc., the Environmental Investigation Agency, and the Watershed Watch of Kentucky. Randy worked as a Coca Cola World Fellow at the Centre for Environmental Management at North-West University in Potchefstroom, South Africa, and he also has international experience advising clients during international climate change treaty negotiations. Randy joined the faculty of Bellarmine University’s School of Environmental Studies in 2012 teaching classes on environmental law and policy and environmental innovation. He also currently serves as Vice President of the ACLU of Kentucky’s Board