Tag Archives: green building law

Climate Change Disclosures by Public Companies

In recent weeks this law firm has received more inquiries than at any time in recent years about the Securities and Exchange Commission’s disclosure requirements for public companies as they apply to climate change matters. Possibly the Environmental Protection Agency’s proposed rule for emission reductions for existing power plants triggered this heightened level of interest … Continue Reading

Litigation over First LEED Platinum Building Comes to an End

It should give design professionals pause, now more than ever, that specifying new or untried materials and products (that are often the keystone of sustainable building) comes with unique risks; and in this case PolyClear 2000 was specified even before the emerging era of expanded liability arising from environmental product declarations and health product declarations.… Continue Reading

IgCC will now be Powered by ASHRAE 189.1

Last Friday, the International Code Council and ASHRAE announced that the new version of the International Green Construction Code (IgCC), .. scheduled to be released in 2018, .. will be powered by" ASHRAE Standard 189.1. .. Much of the early reaction has been nonplussed given that, today, there are only a handful of IgCC green buildings.… Continue Reading

Lawyers’ Opinion Matters in Green Building Transactions

This law firm is increasingly called upon to give legal opinions that a green building is LEED certified, certifiable or otherwise 'really' a green building. ... We also receive requests to give opinions of counsel that a project is ICC 700 'certifiable' or ASHRAE 189.1 compliant or complies with Enterprise Green Communities criteria; commonly associated with qualifying for governmental incentives. Committing that a project will be LEED certifiable versus certified by GBCI increases certainty and lowers risk.… Continue Reading

LEED Bird Collision Deterrence to be Required in Highland Park

Between 365 and 988 million birds are killed annually by window collisions in the U.S. It is suggested that green building programs, like LEED, encourage using natural light to reduce energy use and encourage green views resulting in the use of more glass. And windows are no friends to birds as we all know from the popular Windex television ad.… Continue Reading

Government Ownership of Rain is Antithetical to Increased Potable Water

Collecting rain and using it for a desired purpose on one's own property should no longer violate the law. Utah's decriminalizing precipitation collection may be a model for the nation. Tucson may have gone too far in mandating rain collection for landscaping. But is it too farfetched to imagine government increasing potable water by not only making it legal but even offering incentives, like Albuquerque, for collecting rain?… Continue Reading

What LEED Credit is Almost Never Achieved?

Surprising to some, there is one LEED credit that stands out, by far, as the least earned. .. Despite that the credit is almost never achieved, some have suggested it is important because materials credits play an ever increasing and controversial role in LEED v4.… Continue Reading

HUD Adopts 2009 IECC (Not the 2012 or 2015 version) and Why You Care

For all intents and purposes federally assisted housing must now be green. And while such is generally viewed as positive and as advancing green building (.. the big winner may be LEED), some worry about the implications for affordable housing and others about the homogenization of American housing by federal government efforts to save the planet.… Continue Reading

Microbeads Ban in Maryland will be more Efficacious than Others

Just 2 years ago Hayden Panettierre told us microbeads were chic in this television commercial. ... Today, the annual per-capita consumption of microbeads from cosmetics and personal care products in the United States is estimated at 0.0309 ounces per person per year, which adds up to over 300 tons of microbeads being discharged into the wastewater stream each year.… Continue Reading

Congress Creates Tenant Star But Does Little Else

In a continued period of falling energy prices, for oil and natural gas as well as renewables, and in an era when energy use in the U.S. has not increased in decades (despite the increase in population), Congress passed an energy bill. ... Tenant Star will present business opportunities and may some day be a market driver in the commercial real estate sector… Continue Reading

Indoor Marijuana Growing Accounts for Over 1% of all Electric Consumption in the U.S.

Indoor Marijuana Growing Accounts for Over 1% of all Electric Consumption in the U.S. ... Boulder, Colorado has responded with a regulatory requirement that each Medical Marijuana Optional Premises Cultivation ... must "directly offset 100% of the electricity consumption through a verified subscription in a Community Solar Garden, renewable energy generated on site, or equivalent."… Continue Reading
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