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Archives: Federal

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Back to the Future with “Navigable Waters of the United States”

By Stuart Kaplow on Posted in Environmental, Federal
Last week the Environmental Protection Agency and U.S. Department of the Army finalized a rule adding an applicability date to the 2015 Rule (that never went into effect) defining “waters of the United States.” But, the 2015 Rule will now not be applicable until two years following publication of the applicability date rule in the Federal Register … Continue Reading

Fireworks Cause Air Pollution But

By Stuart Kaplow on Posted in Environmental, Federal
In a very good example of striking the right balance between environmental protection and celebratory festivities, despite that fireworks degrade air quality with particulate matter, in the United States we have decided that the pyrotechnic show must go on. Fireworks have a storied history in the United States best articulated in a July 3, 1776 … Continue Reading

Migratory Bird Treaty Act Reform is for the Birds

By Stuart Kaplow on Posted in Federal
A week after this blog post, the Office of the Solicitor issued a memorandum the subject line of which was, “The Migratory Bird Treaty Act Does Not Prohibit Incidental Take.” The very first page of the Memorandum ends with the sentence, “Interpreting the MBTA to apply to incidental or accidental actions hangs the sword of … Continue Reading

EPA Ends Perverse Practice of “Sue and Settle”

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
“The days of regulation through litigation are over,” according to EPA Administrator Scott Pruitt. In fulfilling his promise to end the practice of regulation through litigation that has harmed the American public, the EPA Administrator issued an agency wide directive on October 16, 2017  designed to end “sue and settle” practices within the Agency, restoring … Continue Reading

FTC Settles Charges Over Deceptive Zero VOC Claims

By Stuart Kaplow on Posted in Environmental, Federal, Green Building
Paint Can Label from Exhibit B in FTC Complaint
Four paint companies have agreed to settle Federal Trade Commission charges that they deceptively promoted products as containing zero volatile organic compounds (VOCs) or as emission free, including during and immediately after application. Some promotions also made explicit safety claims. Specifically, the first FTC complaint alleges, In connection with the advertising, promotion, offering for sale, … Continue Reading

Attorney General’s End of Third Party Settlements is Good for the Environment

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal
Attorney General Jeff Sessions issued a memo on June 5, 2017 to all Department of Justice components and 94 U.S. Attorney’s Offices prohibiting them from entering into any agreement in settlement of federal claims or charges that directs or provides for a settlement payment to non-governmental, third parties that were not directly harmed by the … Continue Reading

Solar Powered Advertisement is Deceptive

By Stuart Kaplow on Posted in Federal, Solar Panel
Billboard in Italian Train Station
A business installs photo voltaic panels on its roof to generate power, and advertises that it is “solar powered.”  The business, however, sells the Renewable Energy Certificates (RECs) that are generated by the solar power. Even if the business is near net zero for electricity generated by the solar panels, according to guidance from the … Continue Reading

Prospering thru Green Building in a Changing Environment

By Stuart Kaplow on Posted in Federal, Green Building, Paris Accord, Sustainability
I spoke to a gathering of construction industry attorneys the other day about changing environment of Federal government regulation portending huge business opportunities for green building. These were my prepared remarks for that talk. While much of the mass media hyperbole is focused on the new Administration’s 2018 “skinny” budget request of $5.7 Billion for … Continue Reading

The Opportunity for ENERGY STAR

By Stuart Kaplow on Posted in Climate Change, Environmental, Federal, Green Building
While much of the media hyperbole has focused on the Trump Administration’s 2018 Budget request of $5.7 Billion for the Environmental Protection Agency, a reduction of $2.6 billion, or 31%, from the 2017 level of funding, little attention has been paid to specific priorities including the resultant opportunities for green building. One of the key … Continue Reading

Is there Lead in the Water of your Green Building?

By Stuart Kaplow on Posted in Environmental, Federal, Green Building
The subject of lead leaching from pipes and faucets into drinking water within buildings is not new. But the broad growth of green buildings, including green schools, that include water conservation strategies has the potential to negatively impact the quality of drinking water in those green building plumbing systems. To reduce indoor water consumption, LEED … Continue Reading

FTC Order Restricts use of “All Natural”

By Stuart Kaplow on Posted in Environmental, Federal, Sustainability
The Federal Trade Commission issued a summary decision against California Naturel, Inc., for falsely advertising its sunscreen product as “all natural” in violation of Sections 5 and 12 of the FTC Act. In a December 12, 2016 opinion, written by Chairwoman Edith Ramirez, the FTC describes how the company promotes its “all natural” sunscreen on … Continue Reading

Less Climate Change Disclosure by Public Companies

By Stuart Kaplow on Posted in Climate Change, Environmental, Federal, Sustainability
Publicly traded companies are required to disclose material business risks to investors through regular filings with the Securities and Exchange Commission. Since February 8, 2010, the SEC has expressly required disclosure related to climate change. While it has been controversial, the SEC’s 2010 interpretive guidance, the Commission Guidance Regarding Disclosure Related to Climate Change, which … Continue Reading

Trump Election Can Make Green Building Great Again

By Stuart Kaplow on Posted in Energy, Environmental, Federal, Green Building, IgCC, LEED
Election day 2016 in which Donald Trump was elected the 45th President of the United States and Republicans control both houses of Congress portends huge business opportunities for green building. As the Executive and Legislative Branches look to arrest existing environmental and energy policies while driving up growth and lowering taxes, enabling voluntary green building … Continue Reading

Organic on the FTC Agenda

By Stuart Kaplow on Posted in Environmental, Federal, LEED, Sustainability
The word “organic” as it relates to non-agricultural products is the topic of the October 20, 2016, roundtable sponsored by the Federal Trade Commission and the U.S. Department of Agriculture. This is a big deal. The roundtable will explore interpretations of organic claims for products that fall outside the scope of the USDA’s National Organic … Continue Reading

New Federal Floodplain Regulations Rewrite 100 Year Floodplain

By Stuart Kaplow on Posted in Environmental, Federal, Sustainability
The Federal Emergency Management Agency (FEMA) is proposing to rewrite the longstanding 100 year floodplain standard for federally funded projects such that most building would now have to be 2 feet freeboard. In the name of resilience, reliability and green this proposed regulation will result in significant additional first costs for affected building. FEMA is … Continue Reading

HUD Jumpstarts PACE Financing for Homes

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Federal, Green Building, Local Government, State, Sustainability
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

Supreme Court Decision is Good for Green Globes

By Stuart Kaplow on Posted in Environmental, Federal, Green Building, Green Globes, Sustainability
The recent unanimous decision of the U.S. Supreme Court in Kingdomware Technologies, Inc. v. United States, is a win for small businesses and very good for those that work on Green Globes projects. In an effort to encourage small businesses, Congress has mandated that federal agencies restrict competition for some federal contracts.  The Small Business … Continue Reading

You Need to Review a SITES Scorecard, Now

By Stuart Kaplow on Posted in Environmental, Federal, Green Building, LEED, Sustainability
SITES is a sustainable landscape rating system. SITES is modeled after the LEED green building rating system. And while it is a standalone tool for measuring landscape sustainability, in June 2015, Green Business Certification Inc., the USGBC associated certification body for LEED, announced it had acquired the exclusive rights to the SITES rating system, its … Continue Reading

Federal Government Proposes Greenhouse Gas Disclosures from Certain Vendors

By Stuart Kaplow on Posted in Codes and Regulations, Environmental, Federal, Sustainability
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing to amend the Federal Acquisition Regulation which will require select government vendors, from landlords to defense contractors, to indicate if and where they publicly disclose greenhouse gas emissions. In 2015, the Obama Administration announced a new target to reduce Federal … Continue Reading
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