United States DC Circuit

Summary judgment to defendant, approving the Department of Energy's denial of plaintiff's request for a direct award of a government contract, is remanded to determine whether 1) the Department adequately considered the conflict of interest, and 2) the Department's need for legal services on the Yucca Mountain Project can support a direct award of the contract to plaintiff or an award of other relief.

Appellate Information

• Decided 10/28/2003
• Published 10/28/2003

Judges

• Before:  SENTELLE, ROGERS, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James L. Feldesman argued the cause for appellant.   With him on the briefs were Eugene R. Fidell, Kathy S. Ghiladi, David G. Hetzel,Michael F. McBride, John W. Lawrence, and R. Kenly Webster.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, U.S. Department of Justice, argued the cause for appellees.   With him on the brief was David M. Cohen, Director.  Kenneth S. Kessler, Monica J. Palko, and Peter D. Keisler, Attorneys, U.S. Department of Justice, entered appearances.