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Trade Winds: Federal Government Announces Next Commercial Offshore Wind Leasing Auction

Client Alert | 1 min read | 12.18.13

On December 17, the Bureau of Ocean Energy Management announced a 60-day public comment period  for a proposed auction process designed to open nearly 80,000 acres offshore Maryland for commercial wind energy leasing. The announcement, which follows recent auctions of 112,000 acres offshore Virginia and 164,000 acres offshore Rhode Island and Massachusetts, is the latest in a series of actions by the federal government designed to increase wind and other renewable energy production and to facilitate the development of new clean technology industries generally (previously discussed here, here, here, and here).

Insights

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....