EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Frames of Influence: U.S. Environmental Rulemaking Case Studies

The purpose of this article was to question whether interest group actions during the pre‐proposal stage of U.S. federal rulemaking influences the language proposed in natural resource agency rules. The influence of interest groups during this stage was examined across three case studies: (1) the United States Fish and Wildlife Service (USFWS) critical habitat designation for Nebraska's Salt Creek tiger beetle, (2) the USFWS critical habitat designation for the Utah/Arizona Shivwits and Holmgren milk vetch, and (3) the USFWS delisting of the Northern Rocky Mountain gray wolf population from the endangered species list. To analyze these three cases, a frame analysis approach is used and offers evidence to support the proposition that the instructive, expertise, and fiscal feasibility frames that stakeholders used during the pre‐proposal stage can shape the language of a Notice of Proposed Rulemaking. These cases suggest the rich potential for careful study of the earliest stages in the regulatory and administrative rulemaking process in the United States and beyond.     

Analysis of active ricin and castor bean proteins in a ricin preparation, castor bean extract, and surface swabs from a public health investigation

In late February 2008, law enforcement officials in Las Vegas, Nevada, discovered in a hotel room, a copy of The Anarchist Cookbook, suspected castor beans and a "white powder" thought to be a preparation of ricin. Ricin is a deadly toxin from the seed of the castor bean plant (Ricinus communis). The United States regulates the possession, use, and transfer of ricin and it is the only substance considered a warfare agent in both the Chemical and the Biological Weapons Conventions. Six samples obtained from the hotel room were analyzed by laboratories at the Centers for Disease Control and Prevention using a panel of biological and mass spectrometric assays. The biological assays (real time-PCR, time resolved fluorescence and cytotoxicity) provided presumptive evidence of active ricin in each of the samples. This initial screen was followed by an in-depth analysis using a novel, state-of-the-art mass spectrometry-based ricin functional assay and high sensitivity tandem mass spectrometry for protein identification. Mass spectrometric analysis positively identified ricin and confirmed that in each of the samples it was enzymatically active. The tandem mass spectrometry analysis used here is the most selective method available to detect ricin toxin. In each sample, ricin was unequivocally identified along with other R. communis plant proteins, including the highly homologous protein RCA120. Although database searches using tandem mass spectra acquired from the samples indicated that additional controlled substances were not present in these samples, the mass spectrometric results did provide extensive detail about the sample contents. To the best of our knowledge following a review of the available literature, this report describes the most detailed analysis of a white powder for a public health or forensic investigation involving ricin.