Yesterday, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3. This is a significant reduction from the current 12.00 ug/m3 standard and a victory for environmentalists, even though they had advocated for larger reduction.
There is substantial evidence supporting the reduction, both in the legal and
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How Original! The Oscars and the Craft of Derivative Works
Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. Look no further than this year’s top contenders for examples…
WEBINAR: Top IP Cases in 2023
By Foley Hoag
Who said there’s no looking back?
It is crucial to consider key takeaways from the most important IP cases in 2023 when planning for 2024. Foley Hoag presented a 60-minute webinar on Wednesday, January 24, 2024, offering guidance on what we learned last year and what to prepare for in the new year. Our speakers…
One More Problem with the Climate Superfund Act
By Seth Jaffe
In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw.
While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption…
The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!
By Seth Jaffe
As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how well CERCLA works that they have proposed a “Climate Superfund Act,” replicating CERCLA in order to fund climate…
Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?
By Seth Jaffe
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it “guidance.” Here’s the operative language:
As agencies consider applying the SC-GHG in various contexts, agencies should use their professional judgment…
The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections
By Seth Jaffe
Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation Act. Judge Friedland, joined by seven other judges (and three senior judges!) dissented from the denial, writing a…
Five Trademark Questions to Ask in the New Year
As we ring in 2024, sip some champagne and make a resolution to check in on your trademark portfolio more often. It misses you!
Here are a few productive questions to ask:
…
Post-Sackett, Who Will Speak for the Clean Water Act?
By Seth Jaffe
Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the good side of Sackett. And clarity is definitely the right word here. One might say clarity…
The Federal Communications Commission Updates Its Data Breach Rules
By Colin Zick
On December 21, 2023, the Federal Communications Commission released an order updating its data breach rules. These updated rules require telecommunications providers to report breaches of customer proprietary network information, such as numbers that have been dialed and when they have been dialed, but also require reporting of personally-identifiable information (PII), such as driver’s…