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Is California Going to Ban Cows in the Name of Climate Change?

cows grazing
The California Environmental Protection Agency Air Resources Board has issued a “Proposed Short-Lived Climate Pollutant Reduction Strategy” that includes the penultimate statement, California’s dairy and livestock industries account for roughly half of the State’s total methane emissions and about five percent of the State’s overall GHG emissions. About half of the emissions from the State’s … Continue Reading

HUD Jumpstarts PACE Financing for Homes

Residential PACE 000
Last week the U.S. Department of Housing and Urban Development and the Department of Veterans Affairs released new guidance, changing their previous positions, now widely allowing residential Property Assessed Clean Energy (PACE) financing. With the guidance, PACE financing, where payments for energy efficiency, water conservation and renewable energy improvements to real estate are made through … Continue Reading

Maryland Vetoes Renewable Energy Portfolio Standard Increase

Light Bulb
Maryland Governor Lawrence J. Hogan, Jr., vetoed an increase in the State’s Renewable Energy Portfolio Standard that would have resulted in higher electricity prices across the State. This push back against an ever increasing legislatively mandated subsidized renewable energy ‘market’ portends a national trend. Specifically, Governor Hogan announced he was vetoing House Bill 1106 – … Continue Reading

What do Hurricanes, Earthquakes and LEED Bonds Have in Common?

Three weeks ago, Washington DC was hit by both an earthquake and a hurricane. But this was not the most shocking development during the week — at least for me.   Here’s what shocked me the most: I learned there is a chance that LEED bonds could be available in our nation’s capital. On Wednesday, August … Continue Reading

Series Introduction: Discussing the IGCC

If the International Green Construction Code (IGCC) is successful, green buildings will soon become the rule instead of the exception.  By codifying green building standards, the IGCC has the potential to make major strides to advance green building practices on a scale that has been unattainable through LEED and other similar voluntary green building standards. … Continue Reading

Free Webinar: The Reality of Implementing Green Building Codes

I have been amazed at the immediate interest generated by the International Green Construction Code (IGCC).   Despite the fact that the IGCC is still in its infancy, there are a number of states and municipalities closely studying it for adoption.  We have already discussed Rhode Island’s adoption of IGCC for public buildings.  More significantly, … Continue Reading

Does California Green Building Code Signal Future Code Adoption?

Every year, as the calendar turns over, a host of new regulations take effect.  In California, January 1, 2011 marked the introduction of CALGreen, the California green building code.  The California government has produced a guide to CalGreen, which I found informative: “The 2010 California Green Building Standards Code is a code with mandatory requirements … Continue Reading

IGCC a “Step in the Right Direction”

I continue to ponder the importance of the release of the International Green Construction Code public version 2.0 (IGCC).  I recently asked Bob Kobet, LEED Faculty member, to provide his thoughts on IGCC.  It’s good to see that I am not the only one who thinks the new code is a big step for green building. … Continue Reading

Sordid Green Bulding Litigation Arises in Minnesota

This is as confusing and sordid as any green building dispute I have seen.  Consider yourself warned.  Over the holidays, Michael Anschel informed me that the the Builders Association of the Twin Cities (BATC) had sued Minnesota GreenStar and filed a restraining order against using a green building standard.  Despite that simple statement, there is … Continue Reading

Is the Only Solution Public-Private Partnerships?

Many months ago, I promised a two-part series on public-private partnerships.  Part one was previously published and today I wrap up the series with post two.  As we head in to 2011, public-private partnerships will play a vital role in replacing the non-existent state funds for necessary public works projects.  Here is part two on … Continue Reading

Public-Private Partnerships Are a Bi-Paristan Issue?

I just finished up a presentation to the Construction User’s Roundtable (i.e. users of construction services) regarding public private partnerships (P3s). P3s are defined by the National Council of Public Private Partnerships as: "a contractual agreement between a public agency (federal, state or local) and a private sector entity. Through this agreement, the skills and … Continue Reading

Do Davis-Bacon Wage Issues Affect Your Stimulus Project?

Across the country, government officials are scrambling to award and spend American Recovery and Reinvestment Act (ARRA) funding before upcoming deadlines.  If you are a contractor or subcontractor lucky enough to work on one of these projects, congratulations!  Now comes the tough part.  Working on a federal or state-funded project brings a myriad of regulatory … Continue Reading

Illinois Weatherization Program Cited for Poor Workmanship, Erroneous Billing

The likelihood that some American Recovery and Reinvestment Act (ARRA) green building projects would fail should not come as a surprise to Green Building Law Update readers.  Back in February 2009, I wrote about the the difficulties of administering the stimulus funds at state, county and municipal levels.  In January 2010, I highlighted initial problems … Continue Reading

Are You Prepared to Report Your Greenhouse Gas Emissions?

It’s an understatement to say environmentalists were disheartened by Senator Reid’s announcement last week that a comprehensive cap-and-trade bill would be tabled for the year.  But, fear not, environmentalists – and, be fearful, unprepared federal contractors – because the federal government will be regulating greenhouse gas emissions in other ways.   Back in October 2009, … Continue Reading

Public-Private Partnerships Support Green Building

States are facing significant budget gaps.  These budget gaps are going to negatively affect the green building industry.  States looking to shore up budgets will cut new construction and maintenance of existing buildings in the coming years.   But there is a solution: public-private partnerships.    Just prior to the economic downturn, the phrase "public-private … Continue Reading

Lessons From the Last Green Building Cycle

Despite my previous suggestion that the USGBC’s Greening the Codes could have done without the history of building codes, I do think it offers an interesting history lesson.  This paragraph caught my attention:    The energy crisis of the 1970s brought yet another topic to the national stage. The soaring costs of energy and a … Continue Reading

“Greening the Codes” Is a Good Start

The United States Green Building Council (USGBC) recently published a white paper entitled "Greening the Codes" that is simultaneously very helpful and somewhat frustrating.  The most important information is buried on page seven after an unnecessary review of the history of building codes.  But if you can get through the first six pages, you will … Continue Reading

When Should Green Building Regulations Be Vetoed?

I recently co-authored a chapter with Shari Shapiro of a soon-to-be-published book about green building law.  I am a regular reader Shari’s Green Building Law Blog and she is one of the authors who helped me launch my own blog. However, I am going to respectfully disagree with one of her recent posts regarding green … Continue Reading

What are the Broader Implications of DC’s Green Performance Bond?

I recently had the pleasure of sitting down with Chris Birk of Surety Bonds Insider to discuss surety issues and the green building industry, particularly related to the D.C. Green Building Act.   As a quick reset, the D.C. Green Building Act of 2006 requires owners put up "performance bonds" that guarantee LEED certification for certain projects.  … Continue Reading

Does Your Construction Project Require Davis-Bacon Wages?

[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. Going forward, on Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.]   If … Continue Reading

Los Angeles Times Assails Weatherization Program

Back in January 2010, I said this:  "Government officials and citizens are going to expect results form the significant investments in the green movement (particularly in an election year). In 2010, the nation will begin to decide if investments in the green building and renewable energy industries were worth it." Not one month later, it … Continue Reading
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