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Proposals for changes to the International Green Construction Code are due by January 10

Proposals for changes to the International Code Council's "Green Construction Code" have been accepted since November and are due not later than January 10, 2014. Proposed IgCC changes are accepted from any member of the public. This is your opportunity to effect change in the environmental industrial complex.… Continue Reading

If Green Materials Fail, Have We Failed?

When I first read about the Chesapeake Bay Foundation case, I thought of Peter Moonen.  Peter is the Leader of the Sustainable Building Coalition for the Canadian Wood Council.  He has been extolling the virtues of wood and green buildings for years.  Below, we discuss the benefits and pitfalls of parallam and other engineered wood … Continue Reading

First LEED Platinum Building “At Risk of Collapse”?

I have one last green building legal development to tell you about before I take my hiatus.  When people ask me about green building disputes, I tell them that they will arise from three scenarios.  A project may not comply with regulatory requirements — i.e. Destiny USA.  Second, disputes may arise from green building certification … Continue Reading

Gifford’s LEED Lawsuit Takes New Shape

You remember the $100 million dollar lawsuit against the US Green Building Council, right?   It’s back in the spotlight, and it has taken a new form through an amended complaint filed by multiple Plaintiffs. No longer is the Plaintiff asking for $100 million.  No longer is the Plaintiff asserting a class action lawsuit that … Continue Reading

Green Building Challenge Policy Requires Fixes

Reader’s note:  This is my last post on the LEED certification challenge.  Thanks for staying with me. I thought I would end my discussion of the Northland Pines High School LEED certification challenge with some constructive suggestions.  The LEED challenge issue is not going away anytime soon and clearly requires some fixes.  1.  Appeals of … Continue Reading

A Green Building Law Gift For You!

We are going to momentarily pause our discussion of the LEED certification challenge because I have a gift for you today.      A free webinar!    Last week, my colleague Steve McBrady and I hosted the webinar "Greener Pastures: Managing Risks While Navigating Federal and State Green Building Opportunities."  I enjoyed the presentation because, … Continue Reading

Breaking: USGBC Stands By Its LEED Challenge Decision

Welcome to our first afternoon edition of Green Building Law Update.  No one is quite sure whether the challengers to the Northland Pines High School LEED certification have grounds for an appeal.  But I figured two statements by the United States Green Building Council (USGBC) regarding the "appeal" warranted a special blog post.  First, Brendan Owens, … Continue Reading

LEED Certification Challengers Speak Out

News continues to emerge about the challenge to the LEED Gold certification received by the Northland Pines High School.  Green Building Law Update previously reported on a statement made by United States Green Building Council (USGBC) General Counsel Susan Dorn that the certification challenge had been denied.   There is so much more to this … Continue Reading

The Clock Continues to Run On LEED Challenges

I am wrapping up review of the LEED Certification Challenge Policy.  Today, I will discuss the third of three reasons why the challenge policy creates significant risk for parties involved in a project seeking LEED certification: (1) Any person can challenge a building’s LEED certification; (2) Any and all LEED points can be challenged; and … Continue Reading

Breaking LEEDigation: NASCAR Star Involved in Green Construction Dispute

I am going to take a temporary hiatus today to jump from the Wisconsin LEED challenge to discuss breaking LEEDigation news.   LEEDigation is, of course, litigation involving LEED certification.  I have previously discussed Shaw Development v. Southern Builders, which is an example of a project failing to achieve LEED certification.  But how else could … Continue Reading

Every Single LEED Point Can Be Challenged

On Wednesday, I began a review of the Green Building Certification Institute’s ("GBCI") LEED Certification Challenge policy.  There are three reasons why the LEED Certification Challenge Policy creates significant risk for all parties involved in a LEED-certified project: (1) Any person can challenge a building’s LEED certification; (2) Any and all LEED points can be challenged; … Continue Reading

Cranks, Gadflies and Rivals Can Challenge LEED Status

A few weeks ago, after a green building legal presentation, I remarked to a colleague that I was growing tired of discussing Shaw Development v. Southern Builders, the prime example of LEEDigation.  Less than one week later, along came the Wisconsin LEED challenge and the discovery of the LEED Certification Challenge Policy.   The LEED … Continue Reading

First Ever LEED Challenge Denied

Up in Wisconsin, a group of concerned citizens challenged the LEED certification of a high school under the Green Building Certification Institute’s (GBCI) Certification Challenge Policy.  The LEED challenge came to light in December 2009 although it was originally filed in 2008.  Last week, the United States Green Building Council (USGBC) denied the LEED challenge.  … Continue Reading

Design Flaws Impact Offshore Wind Energy Project

From time to time, I like to step outside the green building industry and look at construction of renewable energy projects.  While windmill construction is nothing new, countries are looking for new opportunities to develop wind energy.  One new type of development has certainly caught my attention from a risk management standpoint.    A recent … Continue Reading