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June 8 FAC Confirms FAR Changes

Client Alert | 1 min read | 06.09.05

FAC 2005-04, published on June 8, 2005 (70 Fed. Reg. 33654-33677), either adopts interim rules previously promulgated or makes relatively minor changes to existing rules concerning allowability of deferred compensation and post-retirement benefit costs, SDB and HUBZone evaluation preferences, Davis-Bacon Act application, telecommuting by federal contractors, incentives for performance-based contracting for services, and use of labor standards on construction contracts. The principal substantive changes in the FAC are the elimination of the commercial pricing exemption for noncommercial modifications to commercial items exceeding the greater of $500,000 or 5 percent of the total contract price (applicable only to contracts with DoD, NASA, or the Coast Guard) and complex changes to the rules concerning recognition of gains and losses and allowable rental costs in connection with sales and leaseback transactions that should be considered in planning such transactions.

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Client Alert | 4 min read | 05.01.26

Federal Court Blocks Trump Administration Policies Restricting Wind and Solar Permitting

A coalition of regional clean energy trade associations — including RENEW Northeast, Alliance for Clean Energy New York, Southern Renewable Energy Association, and Interwest Energy Alliance — along with the Green Energy Consumers Alliance (GECA), filed suit in December 2025 against the Department of the Interior (DOI), the Bureau of Land Management, the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service (USFWS), and the Army Corps of Engineers. The complaint alleged that five agency actions, issued in response to a series of executive orders and presidential memoranda beginning on January 20, 2025, violated the Administrative Procedure Act (APA) by arbitrarily halting or restricting federal permitting for wind and solar energy projects. Plaintiffs sought a preliminary injunction to halt enforcement of these policies while the litigation proceeds. See Renew Northeast, et al. v. U.S. Dep’t of Interior, et al., No. 25-cv-13961-DJC,  (D. Mass. Apr. 21, 2026) ECF Dkt. 89....