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John Dixon moderated a panel on “New Challenges and Opportunities in Environmental Permitting” during the Pennsylvania Bar Institute’s 2023 Oil and Gas Law Conference. Also on the panel were attorneys from the Pennsylvania Department of Environmental Protection and Citizens for Pennsylvania’s Future...

Athira Sivan (Philadelphia) and Bill Warren (Harrisburg) presented on “The Non-Profit Legal Lifecycle: Legal Requirements for New CWOs From Formation to Operation” at the 2023 Pennsylvania Statewide Conference for Watershed Organizations on October 30, 2023. Their appearance before the group of...

This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes on the ESG front, but this regular publication will allow us to dive...

On May 18, 2023, the Supreme Court unanimously affirmed the Federal Circuit's decision, Amgen Inc. v. Sanofi , 987 F.3d 1080 (Fed. Cir. 2021), that the claims of two of Amgen's patents were invalid for lack enablement. The involved patents, US 8,829,165 and US 8,859,741, are directed to monoclonal...

The deal reached between the President and House Speaker McCarthy on the debt limit bill includes provisions approving a natural gas pipeline project (Mountain Valley Pipeline) and eliminating any judicial review of its existing and future permits, and also includes some limited reform of the...

The Sacketts made history again [1] in their continuing saga to build a modest house on a small lot they purchased in Bonner County, Idaho where they filled in some soggy low land. For roughly 15 years, Michael and Chantell Sackett battled against a United States Environmental Protection Agency (EPA...

The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement [1] in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of environmental groups alleging the EPA is not doing enough to ensure...

Brownfields Redevelopment: A CREW NJ Lunch and Learn Melissa Clarke joins CREW NJ and commercial real estate professionals to discuss the tools and resources necessary to redevelop brownfield sites -- properties that are abandoned or underutilized because of either real or perceived contamination.

New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New Jersey’s landmark Environmental Justice Law . In a tandem action, the White...

On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their policies. See NEPA Guidance on Consideration of Greenhouse Gas Emissions...

The Federal Trade Commission (“FTC”) is soliciting public comment on its Guides for the Use of Environmental Marketing Claims (“Green Guides”), as part of its analysis of whether to modify, retain, or rescind the Green Guides. The issues raised in the Green Guides potentially impact any company that...

On December 15, 2022, the United States Environmental Protection Agency (USEPA) published the final amendment to the All Appropriate Inquiry Rule (40 CFR Part 312) (AAI Rule) that establishes the environmental due diligence needed to be eligible for liability protections under the federal superfund...

The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...

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