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Weeding Out Bad Contractors -- The Government's Push to Enhance its Suspension and Debarment Function

Client Alert | 1 min read | 11.17.11

On November 15, 2011, the head of OMB, Jacob Lew, issued a memorandum requiring the heads of executive departments and agencies to increase management attention on suspension and debarment, consistent with the policies and procedures in the FAR. On the heels of the OMB memorandum, the U.S. Senate's Committee on Homeland Security and Governmental Affairs convened hearings on November 16 on "Weeding Out Bad Contractors," which featured testimony from, among others, Daniel Gordon, the Administrator for Federal Procurement Policy; David Sims, the Chair of the ISDC; and Steven Shaw, the Air Force’s debarment and suspension official.

For further analysis and links to the OMB Memo and Congressional testimony, click here for a related blog post by Daniel Forman.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....

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