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Government Contracts: CBCA Finds Breach of Contract in Wrongful Termination for Convenience Case Alert - July 28, 2010

A recent Civilian Board of Contract Appeals (CBCA) case, Sigal Construction Corp., 10-1 BCA ¶ 34442, CBCA 508, provides a timely reminder that the government’s right to terminate a contract for its own convenience is not unlimited, and that the improper exercise of that power will result in the award of damages for lost profits, just as in private contracting.

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The Supreme Court Decision in Citizens United v. FEC

This alert reviews key aspects of last week's landmark Supreme Court decision in Citizens United v. FEC, in which the Court cleared the way for corporations and labor unions to contribute to political campaigns in a more direct way - and permitted those entities to pay for express advocacy as long as the advocacy is not coordinated with any campaign or political party. It also points to underreported aspects of the ruling, and areas of campaign finance rules that will remain the same.

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Environment
Alert - January 27, 2010
 
Federal Clean Water Enforcement Initiative
 
 January 27, 2010
 
Lawrence R. "Larry" Liebesman- Washington
Roger W. Sims- Orlando

The Environmental Protection Agency (EPA) has announced an environmental enforcement initiative with particular emphasis on the Clean Water Act. “Vulnerable communities” (yet to be identified) with special health, safety or welfare concerns will get increased federal attention. On a more general level, water issues will be targeted for civil and criminal compliance actions. Top priorities include:

      • combined sewer overflows (CSO)
      • animal waste
      • stormwater runoff
      • clean drinking water
      • water bodies of regional and local importance (e.g., Tampa Bay, Chesapeake Bay)

Another focus will be coordination of enforcement relationships with state agencies. EPA is intent upon enforcing mutually important objectives (e.g., permit compliance) and ensuring a level playing field (equally stringent enforcement) across the United States.

Improved “transparency” for the general public will be another area of emphasis. EPA believes that public awareness improves performance of regulated interests and that the general public should know “what the government knows” in order to act as watchdogs. Enforcement is being staffed-up and “high impact” cases (seriously adverse human or natural resource impacts) will be targeted. Any pattern of national non-compliance by corporate and municipal entities will have a high priority.

Enforcement priorities for 2001 through 2013 are being developed during early 2010. Key factors of consideration are:

      • impact level of the violation
      • seriousness of the violation
      • need for federal involvement

EPA will be working with the Department of Justice to increase federal court actions seeking considerable penalties. Supplemental environmental projects may also be considered. Expect to see an increase in criminal penalties for “knowing” violations, including cases involving falsifying discharge monitoring records

Save the Date:
Webinar on EPA’s Enforcement Initiative

Holland & Knight will present a webinar on EPA’s enforcement initiative on March 4, 2010, at 1p.m. EST.

Participating in the event will be Roger Sims, Chair of Holland of Knight’s Water Resources Team; Larry Liebesman, Environmental Partner at Holland & Knight; and Keith Jones, General Counsel, National Association of Clean Water Agencies.

More information will be forthcoming.

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