Partial Government Shutdown Does Not Toll Filing Deadlines at GAO, Court, or Boards
Client Alert | 1 min read | 12.26.18
Contractors with upcoming protest or litigation filing deadlines take note – the partial government shutdown will not impact filing deadlines at the Government Accountability Office (GAO), the U.S. Federal Courts, the Armed Services Board of Contract Appeals (ASBCA) or Civilian Board of Contract Appeals (CBCA), all of which remain open. GAO has indicated that it will operate as normal during the shutdown and will not toll any deadlines for private parties, but will grant extensions for those agencies impacted by a lapse in appropriations. The U.S. Federal Courts, including the U.S. Court of Federal Claims, are not currently impacted by the shutdown but may have limited resources if the shutdown goes beyond January 11, 2019. Agency lawyers impacted by the shutdown may seek relief from deadlines on a case by case basis. The ASBCA and CBCA remain open and are accepting filings during the shutdown.
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DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint
On May 4, 2026, the U.S. Department of Justice (“DOJ”) filed a federal complaint seeking to enjoin Minnesota’s state-court climate lawsuit against major energy companies. DOJ contends that Minnesota’s claims—which target global greenhouse gas emissions—intrude on exclusive federal authority. The complaint asserts that Minnesota’s lawsuit violates the dormant Commerce Clause and is preempted based on uniquely federal interests, the prohibition on extraterritorial state regulation, the Clean Air Act (“CAA”), and the Foreign Affairs doctrine.
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