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On August 3, 2015, the U.S. Environmental Protection Agency (“EPA”) issued its final Clean Power Plan, which announces new standards and emission guidelines to reduce carbon pollution from power plants. The plan takes into account input received through EPA outreach to the power industry and its regulators, as well as from the over four million comments submitted to the agency. Ultimately, the Clean Power Plan is anticipated to strengthen a fast-growing trend toward lower-emitting energy.…
In a 6-3 decision credited with saving Obamacare, the Supreme Court ruled on Thursday that the premium subsidies offered to qualifying enrollees of insurance plans offered on federal exchanges, which help more than 6 million Americans pay for their health plans under Obamacare, are legal. The Court declined to apply Chevron [i] deference to an IRS regulation authorizing such subsidies, and instead took on the task of determining the correct reading of the statute for itself.…
On August 31, 2012, the Federal Circuit, sitting en banc, addressed the “problem of divided infringement.” Akamai Techs., Inc. v. Limelight Networks, Inc., No. 2009-1372, slip op. at 10 (“Akamai“). In granting en banc rehearing in Akamai, the court requested briefing on the question: “If separate entities each perform separate steps of a method claim, under what circumstances would that claim be directly infringed and to what extent would each of the parties be liable?”…