Aaron M. Flynn

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On November 16, 2017, the D.C. Circuit heard oral argument in the cases challenging EPA’s 2012 rule allowing states to rely on compliance with the Cross-State Air Pollution Rule (CSAPR) to satisfy electric generating units’ “best available retrofit technology” (BART) requirements for emissions of nitrogen oxides and sulfur dioxide under the Clean Air Act (CAA). The cases are UARG v. EPA, No. 12-1342­ and consolidated cases (D.C. Cir.).…
Throughout the Obama administration, federal officials from the President on down touted an “all of the above” approach to energy policy.  At the same time, they pressed forward with environmental regulations—climate change rules in particular—that would have made a seismic shift in the role fossil fuels play in the nation’s energy mix. We all know the Trump administration is poised to make major changes.  A shakeup for the EPA was a consistent theme of the…
Earlier this week, July 4, 2017, was the nation’s 241st birthday. In Washington, DC, and in countless other places across the country, the event was celebrated with dazzling fireworks displays. My childhood days are long behind me. But, a good fireworks display still evokes awe and gives me goose bumps. Although fireworks are synonymous with the 4th of July, Americans are not alone in their appreciation of fireworks. All across the globe—from Europe, to Asia,…
In two related decisions issued on March 20, 2017, the Ninth Circuit upheld an EPA plan imposing regional haze requirements on the Navajo Generating Station (NGS).  The rulings suggest a possibility that future haze plans need not be unduly inflexible—sometimes forcing premature unit closures, as many haze plans did during the program’s first round of implementation.…
This summer has been an eventful time for EPA’s regional haze program. In July, the Fifth Circuit issued an important decision to stay EPA’s controversial Texas and Oklahoma regional haze rule and to retain jurisdiction over the litigation on that rule, denying an EPA request that the litigation be transferred to the DC Circuit. While that litigation played out in the spring of this year, EPA proposed major revisions to the regional haze rules­ that…
Under the Copyright Directive (2001/29/EC) the owner of copyright material has the exclusive right to control any “communications to the public” of their protected works. In an advisory opinion to the Court of Justice of the European Union (“CJEU”), Attorney General Wathelet (the “AG“), recently considered whether the act of posting a hyperlink directing users to infringing content on a third party website would give rise to copyright infringement.…
In January of this year the Department of Finance (the Department) launched a Public Consultation Process (the Consultation) on the proposed introduction of a corporation tax incentive for income generated from intellectual property (IP) known as the Knowledge Development Box (KDB)(see earlier blog Knowledge Development Box – Launch of Public Consultation Process – “Ireland will play fair, as it has always done, and play to win.” – Minister Noonan) The Consultation sought the views of…
As part of Budget 2015, the Minister for Finance announced his intention to introduce a more competitive tax regime for income generated from intellectual property (IP) known as the Knowledge Development Box. The new regime is due to come into force next year (see our earlier blog entitled ‘Knowledge Box- Ireland’s new IP Tax Incentive’ ).…