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Environment: Alert - November 18, 2009

Environmental justice – a mix of environmental and civil rights law and policy – is receiving in­creased attention in the Obama Administration, bringing with it challenges and opportunities for municipalities, facilities and others operating in low-income and minority communities. This alert discusses various aspects of environmental justice and the implications for the Obama Administration. Federal agencies, including the DOJ and EPA, have concluded that low-income and minority communities bear a greater environmental risk than the general population. Now is the right time to take stock of your environmental justice situation and take any prudent proactive steps.

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Government Contracts: Alert - November 12, 2009

On November 30, 2009, the Supreme Court will hear oral argument in Graham County Soil & Water Conservation District v. United States ex rel. Wilson, a qui tam action brought under the False Claims Act (FCA) and appealed from a Fourth Circuit decision. The Court will use the case to resolve a split among the circuits over the scope of the FCA's "public disclosure" bar. A decision affirming the Fourth Circuit could increase qui tam litigation against any organization that does business with, or receives federal money through, federal, state and local governmental entities – and would further expand the reach of the FCA to any state or local program involving the use of federal funds.

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Political Law
Alert - April 10, 2009
 
Illinois Governor Pat Quinn Rescinds Former Governor’s Executive Order 3 Altering State Pay-to-Play Regulations
 
April 10, 2009
 
Christopher "Chris" DeLacy- Washington
Jonathan E. "Jon" Furr- Chicago
Joel Edward Roberson - Washington

On Friday, April 3, 2009, Illinois Governor Pat Quinn issued Executive Order 9 (2009) rescinding former Governor Rod Blagojevich’s Executive Order 3 (2008). Former Governor Blagojevich’s Executive Order 3 created state pay-to-play regulations that were, in many cases, duplicative of the pay-to-play law enacted by the Illinois legislature in 2008 over the governor’s veto (Public Act 095-0971). Executive Order 9 does not affect the pay-to-play law enacted by the Illinois legislature. Governor Quinn explained that his intent was to resolve the “uncertainty and confusion regarding the scope of Executive Order Number 3 and its relationship to Public Act 095-0971.”

Illinois law continues to require business entities that seek or hold Illinois state contracts that, in the aggregate, total more than $50,000 to register with the State Board of Election and prohibits these businesses and affiliated parties from contributing to executive branch officers responsible for awarding state contracts. As a result of Executive Order 9 (2009), Illinois law no longer prohibits contributions by registered business entities and affiliated parties to members of the Illinois General Assembly and no longer prohibits contributions by these parties to all executive branch officers, but rather only those officers who are “responsible” for awarding the contracts the business seeks or holds. Click here to view a copy of Executive Order 9.

Additionally, Governor Quinn created the Illinois Reform Commission to evaluate the need for additional “pay-to-play” regulations and develop legislative recommendations by April 27, 2009. Click here to monitor progress by the Illinois Reform Commission.

For more information, contact:

Christopher DeLacy
202.457.7162
chris.delacy@hklaw.com

Jonathan E. Furr
312.422.9018
jonathan.furr@hklaw.com

Joel Roberson
202.663.7264
joel.roberson@hklaw.com

toll free: 1.888.688.8500

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