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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 | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....