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Plain Meaning Of Statute Restricts Competition

Client Alert | 1 min read | 02.02.06

In Crane & Co. (Jan. 18, 2006, http://www.gao.gov/decisions/bidpro/297398.pdf), GAO held that the plain language of a 1916 statute limiting to four years contracts for “distinctive currency paper” precluded the Bureau of Engraving and Printing (“BEP”) from encouraging competition by issuing an RFP for four years of production following a two-year “mobilization” period to allow new entrants to make required investments and amortize that investment over the production term of the contract. Recognizing that BEP was attempting to respond to criticisms of the absence of competition, including GAO reports, GAO held it still had to enforce the plain meaning of the statute, anti-competitive as that interpretation was, and the only remedy was for Congress to amend the statute.

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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....

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