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CFC Faults Agency for Circumventing Protests

Client Alert | less than 1 min read | 07.20.11

In Cal. Ind. Facilities Resources, Inc. v. U.S., the Court of Federal Claims granted a protester’s request for declaratory relief regarding the illegality of the Army’s acquisition method used in a sole-source award of a contract for personnel shelter, even though the contract had been fully performed. Noting that “the action complained of is capable of repetition, yet might again evade review,” the CFC held that the agency’s practice of circumventing competitive procedures without proper justification, combined with what the court deemed an intentional effort to delay the publication of the sole-source notification until after the completion of performance, was unlawful.

 

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Client Alert | 5 min read | 05.19.26

DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint

On May 4, 2026, the U.S. Department of Justice (“DOJ”) filed a federal complaint seeking to enjoin Minnesota’s state-court climate lawsuit against major energy companies. DOJ contends that Minnesota’s claims—which target global greenhouse gas emissions—intrude on exclusive federal authority. The complaint asserts that Minnesota’s lawsuit violates the dormant Commerce Clause and is preempted based on uniquely federal interests, the prohibition on extraterritorial state regulation, the Clean Air Act (“CAA”), and the Foreign Affairs doctrine....