National Wildlife Refuge System

On April 20, 2015, the Supreme Court declined to review a March 2014 Federal Circuit decision holding that the Department of Housing and Urban Development (“HUD”) cannot use cooperative agreements—and instead must use procurement contracts—to administer funds under Section 8 of the United States Housing Act of 1937.  The case is CMS Contract Management Services v. United States, 745 F.3d 1379 (Fed. Cir. 2014).  We reported on the Solicitor General’s petition for a writ of certiorari, which advocated that the Court reverse the Federal Circuit and revive the use of cooperative agreements in this context.

The Court’s cert denial came without comment or dissent, and functions to leave in place the ruling below.  The potential reach of the Federal Circuit’s decision is unclear.

Continue Reading Supreme Court’s Denial of Cert Means Questionable Future for Certain Cooperative Agreements