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DoD: Acquisition Shows Improvement (But Still Needs It)

Client Alert | less than 1 min read | 10.27.16

On October 24, 2016, DoD released its annual report on the performance of the defense acquisition system – the fourth in a series continuing a “long-term effort to bring data-driven decision making to acquisition policy.” Generally, the report discusses many areas in which acquisition has improved (e.g., cost control) or is doing better than perceived (e.g., high-level program requirements, acquisition cycle times, private sector profitability), but it also highlights areas where improvement is needed (e.g., competition rates (which fell in FY 2015) and utilization of small business subcontractors (which “has been declining since FY 2010”)).

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Client Alert | 6 min read | 07.10.25

Is there a Role Anymore for Supplemental Environmental Projects in Environmental Enforcement Settlements?

Supplemental Environmental Projects (SEPs) are voluntary, environmental or public health projects that parties subject to environmental enforcement proceedings can propose as part of an administrative, civil, or criminal settlement. SEPs are unique and used specifically in environmental enforcement cases in part because (1) many environmental law statutes do not require a showing of harm to prove a violation; thus, redressing harm, outside of equitable relief, is not usually statutorily required; and (2) pollution is a public harm that is hard to redress, both individually and collectively....