PODCAST: Court Limits EPA’s Ability to Delay Clean Air Act Regulation Without Rulemaking — C&M's Trump: The First Year Series
Client Alert | 1 min read | 07.06.17
In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, Dan Wolff and Tom Lorenzen, both litigation partners in the firm’s Environment & Natural Resources Group and Administrative Law & Regulatory Practice, discuss the implications of a July 3 D.C. Circuit ruling invalidating EPA's 90-day administrative stay of the current oil and gas methane rule.
Discussed in this 21-minute podcast:
- An overview of the Clean Air Council v. Pruitt decision.
- The possible impacts of this decision on the administration’s stated goal of "deconstructing the administrative state."
- Other possible mechanisms for halting rules in the short term without going through notice-and-comment rulemaking.
- The practical implications of this ruling, and key takeaways for businesses.
Click below to listen or access from one of these links:
PodBean | SoundCloud | iTunes
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Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003).
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