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DOD Proposes Substantial Revision to Intellectual Property Rules

Client Alert | less than 1 min read | 09.29.10

On September 27, 2010, the DoD published a proposed rule which would substantially revise the DFARS Part 227 rules and the associated clauses relating to Intellectual Property. There are numerous proposed changes which collectively are a mixed bag, but perhaps the most problematic change relates to the treatment of commercial technical data and commercial computer software, which includes a caveat that any government funding eliminates the commercial item nature of the product.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....