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GAO Defers to Agency on Impact of Sequestration

Client Alert | 1 min read | 12.06.13

In Vinculum Solutions, Inc.—Reconsideration (Dec. 3, 2013), GAO reconfirmed its conclusion in the first published decision on the issue (previously discussed here) that an agency's need to reduce costs due to sequestration may be a valid basis for canceling a solicitation. Of particular relevance for future protests, GAO rejected the argument that GAO should have sought the specific budget and funding data that supported the agency's cancellation decision, noting that, in the protest context, GAO "generally does not question" an agency's representations regarding its budget and funding choices.

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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....