I recently published an article in Eco-Structure that I thought you would enjoy. You may be surprised by my candid opening paragraphs:
I have spent the last two years writing Green Building Law Update, a blog based on the premise that green buildings will result in new litigation. To be more precise, I have written hundreds of blog posts predicting an increase in litigation involving the green building certification process which I call “LEEDigation.” Yet, I will be the first to admit that the wave of LEEDigation has not developed. There certainly are examples of this type of dispute, but the number of cases are few and far between. So I began asking the question: What is the LEEDigation tipping point?
Published in 2000, Malcolm Gladwell’s book The Tipping Point details the theory that there are moments when ideas, trends, or social behaviors cross a threshold and spread like wildfire. I still believe that LEEDigation will hit its tipping pointbut wonder why this moment has not yet materialized. . . .
It’s a fairly short article, and I analyze the factors for the lack of LEEDigation, which I originally outlined in a blog post. But what does the future of LEEDigation portend?
However, these three factors can and likely will change in the coming years, because there will be increased pressure on the USGBC to ensure that LEED buildings are performing properly and reducing energy usage. As a result, the USGBC is likely to come down harder by decertifying buildings that do not result in energy savings.
After reading a recent NPR article, I am convinced that my prediction is correct. Check back on Wednesday and I will explain.
Photo credit: Go Gratitude