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Potential Loss Of Workforce Supports Incumbent's Injunction

Client Alert | less than 1 min read | 06.16.05

The incumbent in University Research Co. v. U.S. (June 3, 2005), after demonstrating that the cost realism evaluation was flawed due to the improper normalization of a significant cost element, satisfied its showing of irreparable injury in part by arguing that it would lose some of its trained workforce if the awardee were allowed to take over the job while the case and a reevaluation proceeded. The Court of Federal Claims also noted that only in "an exceptional case" would procurement delay alone warrant denial of injunctive relief in a bid protest case.

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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....