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What’s To Know About the Defend Trade Secrets Act of 2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would...more

Trade & Manufacturing - May 2016

Relief from Unfair Imports of Plastic Retail Carrier Bags to Continue for Five More Years - On April 27, the International Trade Commission (Commission) issued the public views of its unanimous determination in favor of...more

Colorado Court Strikes Down Local Fracking Bans that Conflict with State Law

On May 2, 2016, the Colorado Supreme Court issued opinions in two separate cases challenging local bans on hydraulic fracturing (“fracking”). A win for the oil and gas industry in the state, the Supreme Court held that the...more

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

The Long and Winding Road of the Clean Power Plan Litigation

The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more

California Environmental Law & Policy Update - February 2016 #2

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

Two State Senators Try Enacting a Fracking Moratorium in California: What Are the Chances When the Last Effort Recently Failed?

The California Assemblymembers who sought a moratorium on all well stimulation activities early last year (vis-à-vis failed bills AB 1301, AB 1323, and AB 649) are seeking yet another moratorium, this time by amending SB 4,...more

Citizen Petitions To Ban Fracking Continue to Gain Momentum In Colorado

Two petitions were turned in to place before local voters ballot measures to ban fracking. On July 9, 2013, opponents of hydraulic fracturing turned in a petition seeking to ban hydraulic fracturing within the city limits of...more

South Carolina Legislature Acts to Protect Businesses from Citizens Lawsuits

On June 6, 2012 South Carolina’s General Assembly ratified and Governor Nikki Halley signed into law a bill that repeals a 2011 ruling from the State Supreme Court. In Georgetown County League of Women Voters v. Smith Land...more

New year of GHG regulation By Mary Ellen Ternes

EPA’s Clean Air Act rules pulling six major greenhouse gases into CAA regulation of mobile sources, as well as major stationary sources undergoing New Source Review for Prevention of Significant Deterioration and Title V...more

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