Environmental Energy & Utilities Intellectual Property

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In Wyoming, a Higher Burden for Chemical Disclosure Exemption?

In Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, the Wyoming Supreme Court held that the Wyoming Oil and Gas Conservation Commission has the burden of justifying the use of trade secrets...more

Are Fracking Fluid Recipes Trade Secrets? Wyoming Supreme Court Sends Issue Back to District Court

In a unanimous opinion issued March 12, 2014, the Wyoming Supreme Court reversed and remanded a case concerning the confidentiality of the ingredients in fracking fluids. The decision keeps alive a challenge to the...more

Florida House Subcommittee Advances Fracking Disclosure Bills

The Florida House Agriculture and Natural Resources Subcommittee voted 8-4 on Tuesday in support of two bills that would require disclosure of chemicals used in fracking. While not as shale rich as its neighboring states to...more

Seismic Data Held by a Board: A Warning Before You Look

Caution should be exercised when requesting, reviewing or sharing seismic data held by a regulatory authority, as demonstrated by the latest decision in a series of lawsuits commenced by Geophysical Service Incorporated...more

Fracking Trade Secret Rules: A Tug Of War Without Winners

In the approximately 31 states with known reserves amenable to hydraulic fracturing, or “fracking,” a tug of war is being waged between an oil and gas industry seeking to protect its proprietary processes and environmental...more

Concerns about BLM’s Failure to Protect Trade Secrets Headline Rulemaking Comments

When the Bureau of Land Management (“BLM”) issued its Supplemental Notice of Proposed Rulemaking related to hydraulic fracturing on federal lands on May 16, 2013, it believed that it had struck a balance between industry and...more

Energy Newsletter - July 2013

In This Issue: - The President's Climate Action Plan - Mixed Messages for the Energy Sector - As Coal Exports Hit Record Highs, Interior Inspector General Questions Lease Valuations - U.S. Supreme Court Agrees...more

Finally -- Rules Governing Horizontal Well Development

On April 12, 2013, the West Virginia Legislature passed Senate Bill 243 which contained, among other West Virginia Department of Environmental Protection (“DEP”) rules, the Rules Governing Horizontal Well Development 35-8...more

BLM Revises Proposed Rule on Hydraulic Fracturing

On May 16, 2013, the U.S. Department of the Interior’s Bureau of Land Management (“BLM”) issued a revised proposed rule regarding hydraulic fracturing on federal and Indian lands for oil and gas production....more

Legislative Update Report No. 2013-10 -- May 24, 2013

In This Update: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

BLM Issues New Draft Fracking Regulations

On Thursday, May 16, the Bureau of Land Management (BLM) issued its lasted proposed fracking regulations. The proposed regulations would require wider disclosure of fracking chemicals. The regulations also require water...more

Mintz Levin’s London-based IP Practice Group Identifies the UK’s ‘Patent Box’ as a Boon for Clean Technology Clients

The UK government has proposed a new initiative called the “Patent Box,” designed to foster UK-based innovation and development, and enhance the competitiveness of the UK tax system. And, as an advantageous bonus for clean...more

Recent U.S. Patents Granting for Treatment of Hydraulic Fracturing Waters

We continue to monitor patent literature for water and liquid treatment technologies related to hydraulic fracturing. This technology is especially important for western Pennsylvania, the center of the Marcellus Shale region....more

Legislative Update Report No. 2012-11

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Legislative Update Report No. 2012-10 - May 30, 2012

In This Article: Federal Government Alberta British Columbia Manitoba New Brunswick Newfoundland Northwest Territories Nova Scotia Nunavut Ontario Prince...more

Regulations: Inhibiting Progress or Spawning Innovation?

The Environmental Protection Agency (EPA) recently attempted to promulgate new rules that are designed to protect downwind states from smog and fine particulates emanating from upwind coal burning power plants (it has been...more

Railroad Commission of Texas Finalizes Hydraulic Fracturing Disclosure Regulations

On December 13, 2011, the Railroad Commission of Texas ("Commission") finalized regulations requiring oil and gas operators to publicly disclose chemicals used in hydraulic fracturing treatments ("fracking"). Please CLICK...more

U.S. Supreme Court’s Bilski Ruling Is Welcome News for Asian Clean Energy Innovators Introduction

Originally published in 9-10/2011 China IP, www.chinaipmagazine.com. The U.S. Supreme Court’s decision in Bilski ensures that the door to patenting business method inventions remains open in America. This ends...more

Renewables Update - March 2011

A legal update of issues relevant to those involved in the renewables and energy sectors...more

Energy Industry Updates -- November 2010

** Senator Baucus Backs an Extension of the Section 1603 Cash Grant Program ** Renewable and Transmission Rulemakings ** FERC Directs NERC to Modify Definition of “Bulk Electric System” ** USPTO...more

Greentech IP Landscaping

Despite the recent explosion of interest in environmentally friendly technologies, many of the scientific and engineering principles underlying green technologies have been around for decades. For example, harnessing power...more

Sustainability Law update, April 2010

EPA GHG Reporting Rule, EPA GHG Endangerment Finding, GHG disclosure programs, Green certification, eco-labeling, fuel economy standards, Executive Order 13514, Renewable Portfolio Standard, SEC GHG disclosure guidance,...more

Energy and Clean Technology Intellectual Property Alert: USPTO Announces Program to Accelerate Review of Green Technology

Earlier this week, the U.S. Patent and Trademark Office (USPTO) announced a pilot program to accelerate the examination of certain “green” technology patent applications. Pending patent applications in green technologies...more

Renewable Energy Update - September 8, 2009

IN THIS ISSUE: *Caltech Pursues Cheaper Solar Energy *Renewable Energy Focus ..Federal Government Awards $503 Million for Renewable Energy Projects *2009 Smart Grid Rankings: California’s Sempra Energy in...more

Protecting Innovation: Cleantech and Patents Are Natural Allies

In recent years, the private sector’s efforts to develop responses to environmental challenges have focused strongly on technological solutions. For many businesses in this field, patent protection for innovative technology...more

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