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Agency's Stafford Act Interpretation Rejected

Client Alert | less than 1 min read | 11.12.07

In Executive Protective Security Service, Inc. (Oct. 22, 2007, http://www.gao.gov/decisions/bidpro/2999543.pdf), GAO sustained the protest on the basis that FEMA had improperly interpreted the “doing business primarily” eligibility requirement of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. GAO determined that the act’s plain language and legislative history required that a firm must conduct a majority of its business in the designated disaster area to be considered for a Stafford Act award.

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Client Alert | 5 min read | 07.20.26

DOJ and DHS Issue Interim Final Rule on State and Local Counter-Drone Authority Under the SAFER SKIES Act

On July 6, 2026, the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) setting up a new federal framework that allows state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to detect, track, and, in some cases, disable or seize drones. The rule directly affects SLTT agencies looking to stand up counter-drone programs, as well as drone and counter-drone technology companies whose products will be subject to federal review and approval. Although the IFR bypassed the Administrative Procedure Act’s standard notice-and-comment process on good cause grounds — citing the statutory 180-day deadline and urgent public safety needs — the rule is already legally binding and effective as of July 1, 2026. The Departments are nonetheless accepting post-promulgation comments through September 4, 2026....