A Sewer By Any Other Name Would Smell As Foul
Client Alert | 1 min read | 03.24.05
Southwest Marine, Inc. (Feb. 23, 2005), concerned costs incurred by a contractor in defending a private action brought under the Clean Water Act in which the government did not intervene and in which a federal court found that the contractor had violated the act, imposed a penalty for that violation, and then remitted the penalty entirely in recognition of costs incurred by the contractor to correct the violation. The ASBCA acknowledged that there was no FAR provision that expressly made the costs of a private action unallowable, but noted that FAR 31.205-47 would make such costs unallowable if the action had been brought by the government and concluded that the costs incurred in this private action were sufficiently similar to costs incurred in an action brought by the government to make the costs of the private action unallowable as well.
Insights
Client Alert | 4 min read | 08.27.26
FCC Clarifies Covered List for Power Inverters and Advanced Robotic Devices
On July 28, 2026, the Federal Communications Commission (FCC) updated its Covered List — established through the Secure and Trusted Communications Networks Act — to include foreign-produced connected power inverters and advanced robotic devices, following an executive branch national security determination that they “pose unacceptable risks to the national security of the United States or the safety and security of United States persons.” Equipment on the Covered List is ineligible for FCC equipment authorization, effectively prohibiting the import, sale, or marketing of those products without an exception or approval.
Client Alert | 4 min read | 08.27.26
Power Play: New Executive Order Targets Electrical Grid Equipment
Client Alert | 5 min read | 08.26.26
D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances
Client Alert | 5 min read | 08.26.26
