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US Liable for Environmental Remediation Costs Under Contract Clauses

Client Alert | 1 min read | 11.04.11

On October 31, the Court of Federal Claims in Exxon Mobil Corp. v. U.S. held that the government was liable for environmental cleanup costs because it had breached the “Taxes” clause in three World War II-era contracts under which the government had agreed to pay “any new or additional . . . charges” required by federal, state, or local law “by reason of the production, manufacture, sale or delivery” of aviation gasoline.  Exxon continues the trend of recovery of environmental remediation costs under government contracts and is consistent with ongoing efforts to recover environmental remediation costs and toxic tort litigation defense costs under Public Law 85-804 indemnification provisions in Cold War-era contracts being conducted for clients by C&M.

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. ...