On March 4, the U.S. Supreme Court (“SCOTUS” or the “Court”) issued a decision in San Francisco v. EPA that invalidated certain “end-result” water quality limitations in NPDES permits — specifically, those that “do not spell...more
3/11/2025
/ City and County of San Francisco v Environmental Protection Agency ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NPDES ,
Permits ,
Pollution Control ,
Regulatory Requirements ,
SCOTUS ,
State and Local Government ,
Wastewater ,
Water Quality
Should copyright protection be given for AI-generated inventions? Stephen Thaler, the president and CEO of Imagination Engines, thinks so....more
Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers,...more
1/20/2022
/ CERCLA ,
Comment Period ,
Contaminated Properties ,
Excise Tax ,
Importers ,
Imports ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
Superfund ,
Tax Liability ,
Tax Reform ,
Toxic Chemicals
In addition to another year of the pandemic, 2021 brought with it several key developments in the realm of intellectual property (IP) that BakerHostetler has covered in this blog series. We hope readers have found these posts...more
On August 30, 2021, in Pasqua Yaqui Tribe et al. v. EPA et al. (Case No. 4:20-cv-00266-RM, Dkt. 99), the U.S. District Court in Arizona vacated the Trump administration’s 2020 Navigable Waters Protection Rule (“NWPR”), which...more
In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of...more
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice. While the details of any particular...more
When plaintiffs assert trademark infringement and related actions under the Lanham Act (or state law counterparts), more often than not the complaint will include a demand for a jury trial on all issues so triable, as is...more
As of Sept. 21, 2020, the Environmental Appeals Board (EAB)—the body used to hear administrative appeals of permits issued by or on behalf of the U.S. Environmental Protection Agency (EPA)—will begin operating under a new set...more
This client alert focuses on the circumstances that could lead to criminal investigation or enforcement for environmental noncompliance during COVID-19, and provides four practical pointers on how to avoid those pitfalls. On...more
On March 26, the U.S. Environmental Protection Agency (U.S. EPA) issued a Memorandum outlining the agency’s temporary enforcement discretion during COVID-19....more
On March 26, the U.S. Environmental Protection Agency (EPA) issued a memorandum on the “temporary policy regarding EPA enforcement of environmental legal obligations” given the growing impacts of COVID-19. Citing restrictions...more
For the first time in nearly 15 years, the Occupational Safety and Health Review Commission is set to adopt comprehensive revisions to the Rules of Procedure governing cases coming under its jurisdiction. The Review...more