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Boston’s New Energy Ordinance May be Delayed

In May 2013, the Boston City Council passed the Building Energy Reporting and Disclosure Ordinance (“BERDO”), which requires certain large buildings in Boston to report their annual energy and water use and greenhouse gas emissions to the City.  Specifically, every non-residential building containing at least 50,000 gross square feet must report its 2013 energy use […]

Going Overboard? A Fishy Case of Obstruction

In August 2007, Skipper John Yates and his crew set sail on a fateful trip that would ultimately see their ship, the Miss Katie, tossed onto the docket of the United States Supreme Court.  Last week, the Court agreed to hear Yates’ case in order to decide the scope of the Sarbanes-Oxley Act’s obstruction provisions. […]

New Financing Mechanism for Energy Efficiency/Renewable Energy Projects

“PACE” stands for a “Property Assessed Clean Energy” program, which is an innovative financing mechanism that uses tax betterments to allow property owners to easily finance energy upgrades.  This program taps into the idea of using “betterment assessments” as they are known in Massachusetts, or “benefit assessments” as they are known in Connecticut, as a […]

How easy is it to misplace $6 billion?

Recently, the State Department’s Office of Inspector General (“OIG”) made public an internal memorandum stating that over the last six years, the OIG has identified more than $6 billion in State Department contracts “in which contract files were incomplete or could not be located at all.”¹  Among the highlights (lowlights?) of the report were findings […]

DOE Introduces Proposed Rule to Supplement Income of Accountants and Consultants

The Department of Energy (“DOE”) is taking a page from the 2012 playbook of the Department of Defense (“DOD”).  In February 2012, DOD issued a final rule that introduced new Defense Federal Acquisition Regulation Supplement (“DFAR”) clauses that defined contractor business systems and authorized the contracting officer to withhold certain payments for contracting officer-identified “significant […]