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Fourth Circuit Extends Time For Retaliation Claims

Client Alert | 1 min read | 05.10.04

In US ex rel Wilson v. Graham County Soil & Water Conserv. Dist. (4th Cir. April 29, 2004) (a 2-1 decision perhaps inviting en banc review) the 4th Circuit joined the 7th Circuit in holding that the 6-year statute of limitations contained in the False Claims Act also applies to retaliation claims brought under § 3730(h), even though the 6 years commences with the submission of a false claim, which, of course, necessarily precedes any act of retaliation. The majority rejected the 9th Circuit interpretation that limits the FCA limitation period to the substantive causes of action under § 3729 and for retaliation claims looks to the statute of limitations applicable to the most analogous state cause of action which, in this case, would have been North Carolina's 3 year period applicable to wrongful discharge.

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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....