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Environmental Petitioners ask Second Circuit for Rehearing

Client Alert | less than 1 min read | 04.15.05

Environmental Petitioners yesterday (April 14, 2005) asked the Second Circuit for a rehearing on a critical element of the court's February 28, 2005 decision on EPA's 2003 CAFO Rulemaking. Waterkeeper Alliance, Inc. et al. v. EPA, (No. 03-4470, et al.). The pleading asks the court to overturn its decision that CAFOs do not have a "duty to apply" for an NPDES permit. The pleading also asks the court — if it refuses to reverse itself on the "duty to apply" issue — to require CAFOs to have an approved nutrient management plan in an NPDES permit to qualify for the "agricultural stormwater" exemption from NPDES permitting.

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Client Alert | 5 min read | 07.01.26

What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now

If a court finds that a patent applicant intentionally misrepresented or withheld material information from the USPTO with the intent to deceive, the consequences are severe, leading to unenforceability of the entire patent (and likely any later patents claiming priority to the unenforceable patent)....