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B&P Costs Plus Injunctive Relief Permitted

Client Alert | less than 1 min read | 02.24.09

The CFC in Alabama Aircraft Indus., Inc. v. U.S. (Feb. 3, 2009) rejected the government's argument that, once the court has granted injunctive relief, any request for bid preparation costs must be denied. The court ruled that the statute has no "choose one only" provision, and, when the contractor can show that B&P efforts were wasted due to agency error, it should receive reimbursement for them even though it also is awarded injunctive relief.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....