Commonwealth v. Looper

OPINION

COMBS, Chief Judge.

The McCracken Circuit Court declared Kentucky Revised Statute (KRS) 150.740 unconstitutional. The Commonwealth of Kentucky has appealed. After our review, we affirm.

In 2006, Kentucky’s General Assembly enacted KRS 150.740 in response to a crisis involving Chronic Wasting Disease (CWD). CWD had been found in two states that border Kentucky — West Virginia and Illinois. CWD affects the Cervi-dae animal family (“cervids”), which includes elk, white-tailed deer, and mule deer. It is similar to Bovine Spongiform Encephalopathy, which is commonly known as “mad cow…