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Evaluation Backup Gets Hard Look

Client Alert | less than 1 min read | 09.20.05

Rebuffing the agency's attempt to insulate the evaluations of the first-line evaluators from scrutiny, the Court of Federal Claims in Beta Analytics Int'l, Inc. v. U.S. (Sept. 6, 2005), reviewed the narratives and scoring and found that they didn't add up, to the protester's prejudice. The court held that it could not focus only on the top-level award decision documentation when the findings there were built on the lower-level scorings.

Insights

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....