On October 24, 2016 the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in applying the fee-shifting ruling of Octane Fitness LLC v ICON Health & Fitness Inc, 134 S Ct 1749 (2014), to a Lanham Act case – SunEarth Inc v Sun Earth Solar Power Co, DC 4:11-cv-04991-CW (9th Cir 2016).
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The Environmental Protection Agency (“EPA”) has concluded that the Clean Air Act (“Act”) operating permit for the Piedmont Green Power facility issued by the Georgia EPD in 2015 is inadequate for failure to include sufficient monitoring, record keeping, and reporting requirements to ensure that biomass burned in the plant’s boiler qualifies as clean, cellulosic biomass. … Read more
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