On December 21, the Administrator of the Environmental Protection Agency (EPA) signed the Final Rule revising the EPA’s Chemical Accident Prevention regulations, generally known as the Risk Management Program (RMP). These rules were mandated by the 1990 Clean Air Act amendments that regulate emissions of hazardous air pollutants (42 U.S.C. § 7412),…
Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to pursue bid protests of task order awards. The NDAA increases the jurisdictional threshold from $10 million to…
Today, our colleague Glenn Sweatt published a client alert discussion the Defense Innovation Unit (Experimental) (DIUx) relaunched in May 2016 and recent developments, including the award of more than $36 million in new contracts in FY 2016, and what is expected in the coming year. The alert is titled High-Tech Government…
On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit, in Gulf Restoration Network, et al., v. McCarthy, vacated and remanded a decision of the United States District Court for the Eastern District of Louisiana that granted, in part, the plaintiff environmental organizations’ complaint that the Environmental Protection…
On December 13, the U.S. Court of Appeals for the Fourth Circuit decided the case of Catawba Riverkeeper Foundation, et al., v. North Carolina Department of Transportation, et al. The Fourth Circuit concluded that, “[b]ecause events beyond the parties’ control have mooted this appeal, leaving the district court’s judgment undisturbed would not serve the public…
Today, our colleagues Jenny Sheng and Julian Zou published a client alert discussing China’s recent restrictions on outbound investments by Chinese companies in certain industries. Among other things, they encourage Chinese firms and foreign investors engaged in overseas investments to be aware of these new trends and to prepare to adjust…
On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth Circuit held that “potential or contingent penalties” are not obligations under the…
On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court’s decision dismissing the federal government’s civil claim that the defendants were at fault in connection with a spill of clarified slurry oil had preclusive effect upon the government’s later-filed criminal…
Below is a snapshot of the Water Infrastructure Improvements for the Nation Act (S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is entitled, “Water Resources Development.” Section 1104 provides that the Secretary of the Army (Secretary)…
On December 8, the U.S. Court of Appeals for the Tenth Circuit decided the case of United States v. Board of County Commissioners of Otero County, New Mexico. The Tenth Circuit held that a New Mexico statute and resolution adopted by the Otero County Board of County Commissioners (Board) which purported…