Tag Archives: Kaplow

Litigation Over First Ever LEED Platinum Building Tarnishes Green Building

Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, it will have a chilling effect on green building and in particular on the selection of new or untried materials and products that are the keystone of many sustainable projects.… Continue Reading

Lawyers’ Opinions in Green Building Transactions

One might ask why they need an opinion from a lawyer that their building is green? The best response is because in many instances their lender requires it. While legal opinions are given in a variety of commercial contexts, they are increasingly being required as part of the due diligence by lenders when making loans secured by (i.e., a mortgage) a green building.… Continue Reading

Ohio Law Rolls Back Unwise Renewable Portfolio Standards

Last Friday, Ohio Governor John Kasich signed Senate Bill 310 freezing the state's renewable energy portfolio and energy efficiency requirements at 2014 levels. It is likely best to not be an alarmist about Ohio's new law or to deny that it was passed overwhelmingly by the legislature after a hue and cry from the public, who recognized an unwise (expensive and degrowth) existing law (green or otherwise) when they saw it.… Continue Reading

Revocation of LEED Certification

The Certification Challenge Policy is in place to protect the integrity of the LEED certification program. A challenge seeking to revoke LEED certification may be initiated by GBCI or any third party within 18 months of a project's certification ..… Continue Reading

LEED v4 has a New and Improved Registration Contract

As a sustainability and green building attorney my personal favorite provision in the new LEED v4 Certification Agreement is the very first sentence that includes the warning, "YOU REPRESENT THAT YOU HAVE CONSULTED WITH AN ATTORNEY ABOUT YOUR RIGHTS AND OBLIGATIONS HEREUNDER". You may give me a call at any time.… Continue Reading

The Single Most Significant Change in LEED

There is a single change to LEED in v4 that is the most significant, bar none. The change is buried deep within the LEED Operations and Maintenance Existing Buildings program and is not even in the printed reference guide. The quick explanation is the change is an alternative method of satisfying the prerequisite that an existing building achieve an Energy Star Portfolio Manager tool energy performance rating of at least 75.… Continue Reading

My Green Building Exit Memo

So this post is a farewell of sorts.  And, an introduction that I am very excited about.   The Farewell  I can’t write for this blog anymore.  You may have noticed — or not noticed — that I stopped writing about one year ago.  It’s not because green building doesn’t interest me any more.   … Continue Reading
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