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FY05 Protestors Achieve Effective Relief 37% Of Time At GAO

Client Alert | less than 1 min read | 01.27.06

GAO recently reported to Congress a 23% "sustain" (win) rate for protests decided in FY05. Even more impressive, GAO reported an "effectiveness" rate of 37%, meaning that, between winning the protest and having the agency concede error and take corrective action before a decision was rendered, protestors obtained effective relief in over one-third of the protests resolved last fiscal year.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....