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Archive by tag: P.L.L.C.Return

Project Emission Accounting/New Source Review: U.S. Environmental Protection Agency Final Clean Air Act Rule

The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration (“PSD”) and Nonattainment (“NA”) programs. EPA had published a proposed rule in the August 9, 2019, Federal Register. See 84 Fed. Reg. 39244....By: Mitchell, Williams, Selig, Gates & Woodyard,
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I-30 Widening – Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Request For Preliminary/Permanent Injunction

United States District Judge James M. Moody (“Court”) addressed in a September 3rd Order a July 10th Motion filed by Plaintiffs seeking a preliminary and permanent injunction (“Motion”) to prohibit commencement of: . . . any construction on any portion of the proposed reconstruction of a 7.3 mile section of Interstate 30 in Little Rock and North Little Rock, Arkansas, more particularly described herein, pending a final hearing for a permanent injunction based on the merits of the First Amen...
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Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and reconstruction project. See Kiewit Infrastructure West Co. v. United States, 2020 WL 5032464. The issue involved a contractor’s request for additional payment for the increased cost of purchasing wetland mitigation credits....By: Mitchell, Williams, Selig, Gates & Woodyard,
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Stormwater Enforcement: Mississippi Commission on Environmental Quality and Summit Residential Developer Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Dixie Springs Enterprises, LLC (“Dixie”) entered into a July 24th Agreed Order (“AO”) addressing an alleged violation of certain provisions of the Mississippi Code related to stormwater permitting. See Order No. 7059 20. The AO provides that Dixie is involved with a residential development in Summit, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,
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Storm Water Enforcement: Mississippi Commission on Environmental Quality and Ocean Springs Development Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Little Bluff, LLC, (“Little Bluff”) entered into a May 4th Agreed Order (“AO”) addressing an alleged failure to obtain a storm water permit. See Order No. 7037 20. The AO provides that Little Bluff is engaged in a residential development in Ocean Springs, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,
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MS4/NPDES Permit: City of Little Rock and Arkansas Department of Energy and Environment - Division of Environmental Quality Enter into Permit Appeal Resolution

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Little Rock (“Little Rock”) entered into a June 19th Permit Appeal Resolution (“PAR”) addressing a previously filed Request for Commission Review and Adjudicatory Hearing (“Request”) before the Arkansas Pollution Control and Ecology Commission (“Commission”). See Docket No. 2010-001-P. Pursuant to the Request, Little Rock challenged a Clean Water Act National Pollution Discharge ...
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Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Power Integrations, Inc. v. Semiconductor Components Indus., LLC, 926 F.3d 1306 (Fed. Cir. 2019)

Semiconductor Components, doing business as ON Semiconductor, petitioned for inter partes review (IPR) of several claims of Power Integration’s U.S. Patent No. 6,212,079. The Patent Trial and Appeal Board (PTAB) instituted review and after a trial on...By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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MarkIt to Market® - November 2019: Brand News on the Street

On November 25, Moët Hennessy Louis Vuitton (LVMH), the world’s biggest luxury goods group and home to 75 high-end brands, announced that it will buy Tiffany & Co. for $16.2 billion. Tiffany, the American jeweler established in 1837 and known for its...By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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Federal Circuit clarifies that a post-filing change in RPI status can trigger the § 315(b) time-bar

Federal Circuit clarifies that a post-filing change in RPI status can trigger the § 315(b) time-bar and that there are exceptions to issue preclusion in IPR appeals - On June 13, 2019, the Court of Appeals for the Federal Circuit (“CAFC”) vacated a...By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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