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DoD "Green"-Lights Massive Investments in Renewable Energy

Client Alert | 1 min read | 08.20.12

On August 7, the U.S. Army Corps of Engineers released a long-awaited Multiple-Award Task Order RFP for up to $7 billion in renewable and alternative energy contracts under which contractors will "finance, design, build, operate, own and maintain" green power facilities and sell power to military bases and other federal installations, opening up new opportunities for contractors in the emerging renewable energy marketplace. The RFP comes one day after DoD and the Department of the Interior jointly announced a separate renewable energy push, dubbed the "Renewable Energy Partnership Plan," which will make millions of acres of public lands and offshore areas currently managed by DOI available for utility-scale solar and wind projects, in support of the DoD's goal that each of the military services deploy 1 gigawatt of renewable energy by 2025.

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Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...