CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs
Client Alert | 1 min read | 01.25.13
On January 13, the Court of Federal Claims in Shell Oil Co. v. U.S. held (1) the government was not liable for CERCLA environmental cleanup costs under the "Taxes" clause in certain World War II-era contracts; and (2) even if the "Taxes" clause had provided for indemnification, any indemnification rights were not preserved after contract termination. The "Taxes" clause and the absence of a reservation of rights to pursue indemnification in Shell is in contrast with the explicit "hold harmless" clauses in the facilities contracts cases in which the contractor reserved its rights to pursue indemnification (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804, which contain explicit post-contract termination provisions.
Insights
Client Alert | 3 min read | 01.06.25
ASBCA’s FY 2024 Report – Examining the Numbers
On October 31, 2024, the Armed Services Board of Contract Appeals (ASBCA or Board) published its FY 2024 Report of Transactions and Proceedings, which provides statistics regarding the “adjudication of appeals, petitions for contracting officer final decisions, applications for fees and costs under the Equal Access to Justice Act, and other matters” of the Army, Navy, Air Force, Corps of Engineers, Defense Logistics Agency, Defense Contract Management Agency, Central Intelligence Agency, National Aeronautics and Space Administration, or the Washington Metropolitan Area Transit Authority.
Client Alert | 3 min read | 01.06.25
Client Alert | 1 min read | 01.03.25
Back to the Future: CBCA to Implement New Electronic Docketing System
Client Alert | 5 min read | 01.03.25
Powering Through the Rules: A Guide to E-Bike and E-Scooter Regulation in New York
