Recourse For Negative Past Performance Evaluation
Client Alert | 1 min read | 03.19.09
In Todd Construction, L.P. v. U.S., 85 Fed. Cl. 34 (2008), the CFC affirmed its jurisdiction over a claim challenging an agency's past performance evaluation brought under the Contract Disputes Act. John McCarthy and Addie Cliffe of C&M have authored a pair of articles "Revisiting the Past: Todd Construction, Inc v. U.S. and Judicial Review of Past Performance Evaluations, Part I," (and Part II) which, in the first, address the jurisdictional issue and applicable standard of review and, in the second, explore the remedies available to the court to cure any deficiencies encountered (an issue not addressed by the court in its jurisdictional decision).
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Client Alert | 5 min read | 08.26.26
D.C. Circuit Upholds Designation of PFOA and PFOS as CERCLA Hazardous Substances
In a significant and unanimous ruling, the D.C. Circuit upheld the Environmental Protection Agency’s (“EPA”) final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), denying the petitions of seven industry groups seeking to overturn that designation.[1] CERCLA, also known as the “Superfund Statute,” allows EPA to require potentially responsible parties to fund cleanup of hazardous substances.
Client Alert | 5 min read | 08.26.26
Client Alert | 6 min read | 08.26.26
The Risky Fifth: A Long Hot Summer in Congressional Jurisprudence
Client Alert | 4 min read | 08.25.26
DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision
