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Court Dumps CICA Stay Override

Client Alert | less than 1 min read | 09.05.07

Continuing a trend at the Court of Federal Claims to give close scrutiny to agency overrides of CICA stays during a GAO protest, Judge Lettow in Superior Helicopter LLC v. U.S. (Aug. 30, 2007) found the Forest Service's override determination for firefighting helicopters deficient because it did not explain adequately why existing contracts could not suffice during the protest.  More dubious, however, was Judge Lettow's then taking testimony and doing a balancing of the interests based on that additional evidence, although he still found the agency's amplified explanations wanting in this instance.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....

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