In 2013 Nippon Paper Industries USA Co., Ltd. constructed a biomass facility that generates superheated steam, which can produce 20 megawatts of electricity for sale. Section 1603 of the American Recovery and Reinvestment Act provides for a cash grant for qualified investments in renewable energy properties. When the Treasury Department, which administers the grant program, failed to give Nippon the full grant award Nippon believed it was entitled to under the Section 1603 program, Nippon sued the United States in the U.S. Court of Federal Claims to recover the amount it believed it was owed, or $5,863,726.
Alan Gross is employed as a part-time field representative for the U.S. Census Bureau, conducting telephone interviews. Gross’s position allows him to set his own hours based on his assigned workload and the availability of survey respondents. Although Sunday interviewing is sometimes expected for all field representatives, part-time employees, such as Gross, never received premium pay for the work they performed on Sundays. When Gross became aware of a change in Census Bureau policy, based on a Federal Circuit decision that part-time employees are entitled to Sunday premium pay, he petitioned the Census Bureau Regional Office for back pay, but the Census Bureau never ruled on Gross’s claim.