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.
Insights
Client Alert | 7 min read | 12.17.25
After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
Client Alert | 1 min read | 12.17.25
Client Alert | 7 min read | 12.17.25
Executive Order Tries to Thwart “Onerous” AI State Regulation, Calls for National Framework
Client Alert | 2 min read | 12.16.25
