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4 Ky. J. Equine Agric. & Nat. Resources L. 55 (2011-2012)
A Dead Horse, You Can't Beat It: Equine Carcass Disposal Laws and Practices

handle is hein.journals/kjequinan4 and id is 57 raw text is: A DEAD HORSE, YOU CAN'T BEAT IT: EQUINE CARCASS DISPOSAL LAWS AND PRACTICES ROBERT F. DAHLSTROM,* KERRY O'NEILL IRWIN,** AND EMILY J. PLANT* I. INTRODUCTION It is a fact of life that every living thing will eventually die, and when the time comes, these bodies must be disposed of responsibly. Of specific interest to Kentucky is the problem of equine carcass disposal, because Kentucky is known as the Horse Capital of the World.' The equine industry has a significant effect on Kentucky's economy, with an estimated impact of four billion dollars annually.2 The horse industry is attributed with directly and indirectly creating between 80,000 and 100,000 jobs across the state.3 With an estimated 320,000 horses living in the state, Kentucky must find ways to deal with the significant number of equine mortalities every year.4 A succinct multi-jurisdictional survey is incorporated into this Article, but the Article primarily focuses on the disposal of equines in Kentucky. While Kentucky has a much revered and thriving horse industry, the Authors find that many horse owners are unaware of carcass disposal options, despite thorough statutes and regulations in this area. * Dr. Robert F. Dahlstrom - Chair and Joseph C. Seibert Professor, Miami University Farmer School of Business, Oxford, Ohio. Ph.D. in Marketing 1990, University of Cincinnati College of Business Administration; B.S.B.A. in Marketing 1980, Xavier University College of Business Administration. ** Kerry 0. Irwin - Associate, Dinsmore & Shohl LLP, Lexington, Kentucky. J.D. 2009, University of Kentucky College of Law; B.A. with distinction in History, 2002, University of Virginia. *** Dr. Emily J. Plant - Assistant Professor, School of Business Administration, The University of Montana, Missoula, Montana. Ph.D. in Marketing 2010, University of Kentucky Gatton College of Business and Economics; M.B.A., 2006, Xavier University; B.S. in Marketing 2003, Indiana University Kelley School of Business. Eds.: Authors are listed in alphabetical order, and each contributed equally in the creation of this article. I Horse Attractions, LEXINGTON CONVENTION & VISITORS BUREAU, http://www.visitlex.com/whattodo/attractions.php?SubCat=324 (last visited Nov. 1, 2011). 2 Industry Facts: Kentucky Equine Economy, supra note 1. 3id. 4d 'See, e.g., KY. REV. STAT. ANN. § 257.160 (West 2011) (outlining lawful disposal methods in Kentucky); 302 KY. ADMIN. REGS. 20:052 (2011) (regulating composting of livestock carcasses); see also infra Section V.A.1. (discussing nuisance law and state police power with regard to state regulation of equine carcass disposal).