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EPA Issues New Deadlines for CAFO NPDES Permits and NMPs

Client Alert | 1 min read | 02.10.06

On February 10, 2006, EPA published a final rule to extend the current NPDES deadlines for CAFOs in response to last year's Waterkeeper Alliance, Inc. v. EPA decision from the Second Circuit (399 F.3d 486). EPA is extending all permitting and NMP deadlines from the 2003 CAFO Rule to July 31, 2007. Thus, "newly defined" CAFOs (those that were not defined as CAFOs by EPA prior to April 14, 2003) and existing CAFOs that meet EPA's new definition due to operational changes are no longer subject to the February 13, 2006 and April 13, 2006 deadlines for seeking NPDES permit coverage or the December 31, 2006 deadline for development and implementation of an NMP.

EPA stated in the proposed rule that it will issue an additional rulemaking "in mid 2006" to address the substantive issues raised in the Second Circuit's decision (i.e. duty to apply, NMP review, approval, and public participation requirements, etc.). The July 31, 2007 deadline may be extended or revised further in that subsequent rulemaking if necessary.

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Client Alert | 2 min read | 07.31.25

A Greater Sum of Certainty: ASBCA Weighs in on when Sum Certain Defense Is Not Waived

A recent Armed Services Board of Contract Appeals decision provides useful guidance on when the government may (or may not) waive its defense that a contractor’s claim failed to state a sum certain. In GE Renewables US, LLC, the contractor had submitted a claim to the contracting officer for a determination that the contractor had the right to an economic price adjustment (EPA) due to an inflation-related price increase. Notably, the contractor did not provide the value of its requested adjustment in its claim. The contracting officer denied the claim, and the contractor appealed to the Board....

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