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The U.S. Supreme Court Denies Petition for Review of Clean Water Act Ruling That Could Adversely Affect Farmers and Ranchers

Client Alert | less than 1 min read | 03.01.03

The United States Supreme Court on June 16 denied a petition to review the Ninth Circuit's decision in Pronsolino v. Nastri. The denial leaves in place a decision upholding EPA's authority to establish "total maximum daily loads" (TMDLs) under the Clean Water Act for waters impaired solely by nonpoint source pollution such as runoff from agricultural and forest lands. See Pronsolino v. Nastri, 291 F.3d 1123 (9th Cir. 2002).

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Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....