Publications

Following its first patent related en banc decision since 2018, the Federal Circuit has overruled the longstanding obviousness standard used in assessing design patents, the Rosen-Durling test. At issue in the en banc hearing, appellants LKQ Corporation and Keystone Automotive Industries, Inc. (collectively “LKQ”) filed a petition asserting that U.S. […]

Dirt Rd. Dev. LLC v. Hirschman, 316 Neb. 757 (2024) Howard County required a landowner to obtain a conditional use permit (“CUP”) for a feedlot expansion.  The landowner challenged that decision.  The lower court upheld Howard County’s interpretation of its zoning regulations.  The Nebraska Supreme Court affirmed.  The court’s holding […]

The Federal Energy Regulatory Commission (“FERC”) recently issued a long-awaited rule governing development and cost-allocation for electrical transmission lines.  On May 13, 2024, FERC adopted Order Numbers 1920 and 1977. These orders express FERC’s goal to meet the nation’s growing demand for reliable electricity and may impact energy generation facilities […]

On May 9, 2024, the Environmental Protection Agency (“EPA”) published new emissions guidelines and performance standards for fossil fuel-fired power plants. A copy of the guidelines and standards is online here. In this rule, the EPA created a new suite of best systems of emission reduction (“BSERs”) for different categories […]

On May 6, 2024, the Office for Civil Rights (“OCR”) published a final rule entitled, “Nondiscrimination in Health Programs and Activities” (the “Final Rule”), regarding Section 1557 of the Affordable Care Act (“ACA”).  Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in […]