What's On the Horizon for Green Building Law in 2010?
[Happy New Year!
Today we are highlighting the green building legal story from 2009 that will have the most impact on the industry in 2010. At the beginning of 2009, Congress and the Obama Administration spent months crafting the American Recovery and Reinvestment Act, which eventually included over $25 billion for green projects. Less attention was paid to how these ARRA funds would be administered. The story below suggested that states and cities may have trouble administering ARRA green funds.]
"The Stimulus: Now for the hard part"
On February 17, CNN ran the above headline after President Obama signed the stimulus bill. To me, a more perfect headline could not have been written.
Ever since I read about the stimulus bill, one particular nuance has interested me: the package does not include earmarks. Due to the lack of earmarks, the hardest part of the stimulus bill may be administering the $787 billion in funds.
The lack of earmarks has important implications for state and federal energy programs throughout the country. Without earmarks, state energy offices will have wide-ranging discretion in doling out large sums of money not previously seen:
The lack of earmarks has important implications for state and federal energy programs throughout the country. Without earmarks, state energy offices will have wide-ranging discretion in doling out large sums of money not previously seen:
The biggest test of the administration’s energy goals may come in spending the billions that have been devoted to states and cities for improving energy efficiency. To get the money out quickly, the plans sends it through a range of programs that are not accustomed to seeing funding on this scale. State energy offices that annually receive less than $100 million combined from Washington are slated to receive $3.4 billion.
A recent NPR story, "Earmark-Free Stimulus Bill Lacks Spending Direction", focused on the potential problems that may arise when the money is sent to the states:
When this bill passes, a Niagara Falls of money will flow out of Washington and into the accounts of state highway commissioners, governors and legislatures, local school boards, county executives -- even mayors, [the Brookings Institution's Sarah] Binder says.
"It raises a whole host of questions about how efficiently money can be spent, how effectively it will be spent, how quickly money can be spent, just because there's no set process here for determining how money will get out the door to create jobs or, as the president said, to save jobs," she says.
"It raises a whole host of questions about how efficiently money can be spent, how effectively it will be spent, how quickly money can be spent, just because there's no set process here for determining how money will get out the door to create jobs or, as the president said, to save jobs," she says.
In one particular instance, a South Carolina official who runs the state’s energy efficiency programs, will be tasked with managing large sums of money and finding proper projects and programs for the money:
In South Carolina, the state energy office is so small that its director, John Clark, answers the phone. He said his office, which receives $.15 million per year, has put out an urgent call to state offices and school districts for energy-saving projects to receive. He will also have to advise the state’s cities and counties, which have even less experience in big energy efficiency projects and are slated to get $35 million of their own from a separate $3.5 billion block-grant program in the package.”
While Republicans, Democrats and the President argued over the stimulus package for weeks, the real battle may arise when state agencies and officials attempt to divide up the stimulus funding and choose the projects that receive funding. How are you planning to seize the opportunities that arise from the stimulus?
You may have noticed that I have moved to a new law firm, one of the top law firms in the world. I am working in the government contracts group, widely regarded as the preeminent government contracts practice, hands down. I get to speak to and work with incredible lawyers on a daily basis, and now have tremendous resources at my disposal.
Today, I am starting work at a new law firm: Crowell & Moring. I am excited and I think you will see why with a single story. 
Does the notion of plants on a roof seem bizarre, even dangerous, to you? If so, that’s understandable--there aren’t a lot of green roofs in the US yet. But their numbers are growing, because green roofs--relatively simple installations usually featuring low-growing herbaceous plants, not park-like roof gardens with furniture and trees--can be useful functional tools when properly designed, installed and maintained. 
Recently, I was asked about my involvement with green building. Why do I keep pointing out potential legal issues that the green building industry may have to confront? Am I just an impediment to the green building industry? 
It may surprise you to learn that I have a real job. Seriously, I do and I love it! I am a construction litigator and I am currently involved in a major construction delay claim. I have been preparing a motion the last few days, hence the late filing of today’s post. 
As we close out 2008 here at Green Building Law Update, we must acknowledge all of the people, contributors and thought leaders out there that helped us come up with our content. .jpg)
During my speaking engagements regarding green building legal issues, I have noticed that the same questions keep coming up. I thought I would begin to answer some of these questions for Green Building Law Update readers that have the similar questions. .jpg)
During a recent 