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  3. |It's Not Easy Being Green: DoD Tightens up Domestic Preference Restrictions on Photovoltaic Devices

It's Not Easy Being Green: DoD Tightens up Domestic Preference Restrictions on Photovoltaic Devices

Client Alert | 1 min read | 05.29.15

On May 26, 2015, DoD issued a proposed rule to implement further restrictions on the acquisition of domestic photovoltaic (PV) devices mandated by the FY 2015 National Defense Authorization Act. In addition to broadening the scope of application (i.e., applying the restriction when the PV device is installed on DoD property or a facility owned by DoD or if the device is reserved for the exclusive use of DoD for its full economic life cycle), DoD has narrowed the applicable exceptions (e.g., the component prong of the country of origin test is no longer waived for commercially available, off-the-shelf items and acquisition of qualifying country PV devices requires an individual public interest determination), which will make it even harder for suppliers to comply.

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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....

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