News & Analysis as of

Federal Register Appeals

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Updates Service Methods for Notices of Appeal and Related Documents

In a Federal Register notice dated March 29, 2024, the U.S. Patent and Trademark Office is updating the required method for serving it with a notice of appeal to the U.S. Court of Appeals for the Federal Circuit, a notice of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA Corrosivity Hazardous Waste Characteristic: Federal Appellate Court Addresses Denial of Petition Requesting Expansion

The United States Court of Appeals for the District of Columbia (“Court”) addressed in a July 25th decision an issue involving the Resource Conservation and Recovery Act (“RCRA”) hazardous waste characteristic of corrosivity....more

Fox Rothschild LLP

Sixth Circuit Selected to Hear the OSHA Vaccine Mandate Appeals

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UPDATED: On November 16, 2021, the U.S. Court of Appeals for the 6th Circuit based in Cincinnati “won” the lottery. Here is the order. All pending cases challenging the ETS will be transferred to the 6th Circuit and a panel...more

Fox Rothschild LLP

Lottery Will Decide Which Federal Circuit Hears the OSHA Vaccine Mandate Appeals

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As soon as the Occupational Safety and Heath Administration’s emergency temporary standard (ETS) was published in the Federal Register on November 5, 2021, litigants raced to the courthouse to file multiple challenges to the...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Concentrated Animal Feeding Operations/Clean Water Act: Food & Water Watch Petition Challenging the U.S. Environmental Protection...

The organization Food & Water Watch (“FWW”) filed a document styled: Petition for Review of an Action by the U.S. Environmental Protection Agency (“Petition”) The Petition is filed pursuant to Section 509(b)(1) of...more

Foley & Lardner LLP

USPTO Offers New Fast Track Appeals Pilot Program

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The USPTO has initiated a new pilot program for expediting ex parte appeals from examiner rejections. Under the Fast-Track Appeals Pilot Program, applicants can pay $400 for expedited review in which case the USPTO will...more

Foley Hoag LLP - Environmental Law

DOE Must Promulgate Energy Efficiency Standards Finalized By the Obama Administration

Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register four rules finalized by the Obama administration, but not previously...more

Holland & Knight LLP

EPA Seeks Comments on Clean Power Plan Replacement

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The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more

Ballard Spahr LLP

Trump Administration issues regulatory freeze; application to CFPB uncertain

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On Inauguration Day, Reince Priebus, Assistant to the President and Chief of Staff, issued a “Memorandum for the Heads of Executive Departments and Agencies” with the subject line “Regulatory Freeze Pending Review” that...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Initiates Post-Prosecution Pilot Program

On Monday, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 44845) regarding the initiation of a new pilot program intended to enhance patent practice during the period after the...more

Ballard Spahr LLP

Clean Power Plan Published; Appeals Period Begins

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The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more

Foley & Lardner LLP

USPTO Offers Small Entities One Streamlined Patent Appeal

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In a September 15, 2015 Federal Register Notice, the USPTO announced a pilot program that will permit certain Small or Micro Entities to expedite a pending ex parte appeal. According to the Notice, the USPTO aims to decide...more

Fisher Phillips

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

Fisher Phillips on

As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more

Moore & Van Allen PLLC

Update: Latest Challenge of Final Clean Power Plan Rejected by D.C. Circuit

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On September 9, 2015, the D.C. Circuit Court of Appeals issued a Per Curiam Order resolving the question probed in our post, EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?. ...more

Burr & Forman

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Burr & Forman on

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

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