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Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Intellectual Property And Biofuels: The Energy Crisis, Food Security, And Climate Change, Matthew Rimmer, Griffith Hack
Matthew Rimmer
In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the …
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren
Will McLaren
Over a century ago, a series of questionable management decisions and water-diversion engineering mistakes in Southern California produced an “unnatural” waterbody called the Salton Sea. Since then, the Sea has served as a recreational destination with fluctuating popularity, a sanctuary for migratory birds, a sink for agricultural runoff and urban wastewater, and one of the most productive tilapia and corvina fisheries in the United States. However, the Sea’s resources and associated uses have steadily deteriorated since its formation.
The contrast between the ethics that drove resource management decisions at the time of the Salton Sea’s formation to those employed in …
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
Will McLaren
Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).
Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a …