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California’s Carbon Concern: Leakage from the Imbalance Market

Energy & Environment
09/28/2016 - By: Dietrich Hoefner

As interest in the Western Energy Imbalance Market  (“EIM”) grows, regulators  at the California Air Resources Board (“CARB”) are facing concerns, once again, about carbon leakage from the state’s mandatory cap and trade program under AB 32. In the context of carbon markets, leakage describes the phenomenon in which a local (in this case, California) […]

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BLM Increases Mineral Cost Recovery Fees

Energy & Environment
09/23/2016 - By: Carla Consoli

If you operate on lands managed by the Bureau of Land Management (BLM) or anticipate doing so in the future, please note that some of the BLM fees are increasing.  Beginning on October 1, 2016, BLM plans to implement a new fee schedule to recover costs resulting from processing actions such as lease applications, name […]

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Energy Imbalance Market Marches on: FERC Conditionally Approves APS Request to Participate in EIM

Energy & Environment
09/21/2016 - By: Dietrich Hoefner

The California ISO’s (“CAISO”) initiative to make energy imbalance market services available to balancing authorities throughout the Western Interconnection has claimed another success. On August 31, FERC conditionally approved Arizona Public Service Company’s (“APS”) request to participate in the Western Energy Imbalance market (“EIM”), but denied APS its request to utilize true market-based rates in […]

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Deceptive marks always start off with two strikes against them.

Fashion
09/18/2016 - By: Gary Nelson

Applicant applied for the mark BLAZING SILKS for a variety of clothing products.  Applicant also made clear that its products were not made from silk.   FIRST STRIKE:  Had Applicant’s products been made from silk, the USPTO would have deemed the word “silk” to be merely descriptive and would have required Applicant disclaim “silk” apart […]

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Category: Manufacturing, TTAB

States Step Up Cyber Protection for Consumers

Intellectual Property
09/12/2016 - By: Shane Olafson

As data breaches increase in profile and frequency, lawmakers are struggling to protect their citizens from cybercrime.  Within the past year, at least four states have beefed up their data security statutes to provide greater consumer protection.   According to a May 2016 summary by the National Conference of State Legislatures, more than 25 states in 2016 […]

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Category: Cybersecurity

Agritourism on the Rise

Sports & Recreation
09/09/2016 - By: Douglas Tumminello

“Agritourism” is a new term for the intersection of adventure tourism and agriculture.  According to the State of Colorado – a traveler’s interaction with farmers, ranchers, hunters, artists, naturalists and food enthusiasts that leads to the discovery of geographically distinctive experience, food and drink.  According to a recent US Census of Agriculture, the number of […]

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Category: Recreation