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Gravel2Gavel Construction & Real Estate Law Blog

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DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

On February 14, the U.S. District Court for the District of Columbia dismissed the complaint of the National American Butterfly Association (NABA) alleging that the U.S. Government’s border wall preparation and law enforcement activities at NABA’s National Butterfly Center, located in South Texas along the Rio Grande River, violated federal environmental laws…

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Update Your California Release Provisions to Include Amended Section 1542 Language

Most companies have been involved in a situation where they want to end their relationship with another company, or with an employee, and to permanently terminate their mutual obligations (e.g., a settlement agreement resolving end-of-project litigation). In 1992, a California Court of Appeals, in Winet v. Price, confirmed that upholding…

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Federal Claims Court Provides Guidance on Agencies’ Duty to Evaluate Offerors’ Proposed Professional Compensation

Today, our colleagues David Dixon, Meghan Doherty and Toghrul Shukurlu published their Client Alert titled FAR’s Professional Compensation Clause and Keeping Things Real. The Alert discusses the U.S. Court of Federal Claims’ recent decision in Sparksoft Corp. v. U.S., an action involving Sparksoft Corp.’s protest of a pre-award decision of the…

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GAO Upholds Agency Disqualification of Proposal Submitted During Pendency of Contract Novation Request

Yesterday, our colleagues Travis Mullaney and Meghan Doherty published their Client Alert titled Government Contract Acquisitions and the Pending Proposal Problem. Their Alert discusses the U.S. Government Accountability Office’s (GAO) decision in Wyle Laboratories, Inc., a decision raising significant questions as to the viability of proposals that are submitted before or…

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Ninth Circuit Affirms Grant of Summary Judgment to DHS in Executive Order 13767-Related Litigation

On February 11, the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s decision to grant a motion for summary judgment disposing of a complaint that the decision of the Secretary of Homeland Security (DHS) to expedite construction of border barriers in the San Diego and Calexico, CA border…

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District Court Requires More to Establish Standing to Challenge EO 13771

On February 8, the U.S. District Court for the District of Columbia issued its latest ruling in a case which challenges the President’s January 30, 2017 Executive Order constraining the ability of federal agencies to issue new regulations and the Office of Management and Budget’s (OMB) implementation of that Order. The case…

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The Proposed House Green New Deal Resolution

A Resolution has been proposed to the House for consideration that would recognize the Federal Government’s duty “to create a Green New Deal.”  It sets forth a very ambitious 10-year program to mobilize and transform every aspect of American life to combat the threats of climate change by transitioning to an economy…

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U.S. Chemical and Safety Hazard Board Ordered to Promulgate Release Reporting Requirement Rules

On February 4, the U.S. District Court for the District of Columbia held, in a Clean Air Act (CAA) Citizen Suit, that the U.S. Chemical and Safety Hazard Board (Board), an independent federal agency, has violated the Administrative Procedure Act (APA) by failing to promulgate the accidental release reporting rules required…

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“Buy American” Executive Order Expands Potential Reach to Private Recipients of Federal Assistance

President Trump signed an Executive Order yesterday January 31, calling on executive branch departments and agencies to encourage recipients of defined types of new federal awards to use cement, iron, steel, aluminum and certain manufactured products produced in the United States. The order builds on prior authority (Executive Order 13788 (April…

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Ninth Circuit Issues an Important Commercial Speech Ruling

On January 31, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling in a commercial speech case, American Beverage Assoc., et al., v. City and County of San Francisco. The Panel held that the lower court’s denial of a preliminary injunction requested…