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Post-Award Challenge to Solicitation Defect Upheld

Client Alert | 1 min read | 06.15.15

In Per Aarsleff A/S v. United States (June 5, 2015), the Court of Federal Claims sustained protests against the Air Force's award of a contract to operate, maintain, and support an air base in Greenland and enjoined performance by a Danish subsidiary of an American company when the court interpreted an eligibility requirement to prohibit award to non-Danish primes. The court rejected the Air Force's argument that the rule of Blue & Gold Fleet barred offerors from raising the solicitation defect post-award, because the ambiguity was latent and the Air Force had discovered it three months prior to award but had failed to correct it. 


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Client Alert | 7 min read | 12.17.25

CARB Proposes Regulations Implementing California GHG Emissions and Climate-Related Financial Risk Reporting Laws

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....