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Concern Remains Regarding Some LEED Mandates

In addition to clarifying the LEED 25% guideline, Rob Watson also had some interesting points regarding regulations that required LEED certification.*  First, Watson made a great point about governments requiring municipal projects to achieve LEED certification:  "As far as municipalities requiring their own buildings to go LEED, that’s an owner decision and no problem.  Municipally-funded … Continue Reading

Stimulating Green Guide to the ARRA

Back in March, I gave a presentation about green building funding available through the American Recovery and Reinvestment Act ("ARRA").  I had planned to convert the presentation to a guide of sorts, but more pressing matters arose.    I have now discovered what I hope the guide would have looked like if I had a month … Continue Reading

Why LEED Mandates Do Not Add Up

On Wednesday, we discussed the LEED 25 percent rule: the LEED rating system was only intended to apply to the top 25 percent of buildings. It is important to remember this premise when considering what is happening in the green building industry today. Many cities are mandating LEED certification for public and private buildings. For … Continue Reading

D.C. Councilmember: Lack of Green Incentives Unfortunate

The Washington D.C. government has recently began incorporating Social Media 2.0 into its public outreach.  Agencies have Facebook pages, some are on Twitter and officials have even taken to participating in online chats with the public.  I was very excited to learn that Councilmember Mary Cheh was conducting one of these online chats last Friday.  … Continue Reading

Energy Department Releases Funding Amounts

[Sometimes, it’s better not to reinvent the wheel.  As I was preparing this week’s posts, I came across Lane Burt’s analysis of the Department of Energy’s (DOE) stimulus funding.  Lane, an NRDC Policy Analyst, agreed to let me use his post today.  Check out Lane’s blog – it’s a great resource for energy policy analysis.]    … Continue Reading

Gov. Kaine Supports LEED and Green Globes

While we have all (or at least I have) been focusing on the federal stimulus and its effect on the green building industry, an interesting development occurred in Virginia that may impact the future of a statewide green building regulation. In past posts, I highlighted Governor Tim Kaine’s attempts to pass a statewide green building … Continue Reading

Hawkins: Green Building Performance Bond Requirement is Viable

Last week, I had the pleasure of testifying before the D.C. Council regarding green building policies in the district.  As mentioned in my post last week, the focus of my testimony was the Green Building Act’s “performance bond” requirement.  Before my testimony, I had the opportunity to hear George Hawkins, Director of the District Department … Continue Reading

DOE Releases Weatherization and Energy Efficiency Stimulus Funding

Well, that wasn’t much time to get prepared.  The Department of Energy has released the first installment of funding for the Weatherization Assistance Program and the State Energy Program.  "To jump-start job creation and weatherization work, the Department of Energy is releasing the first installment of the funding – about $780 million — in the … Continue Reading

The Green Building Unicorn

I have been working with the D.C. City Council recently on revisions to the D.C. Green Building Act of 2007.  In particular, I have been looking for an enforcement mechanism that can be used to ensure compliance with LEED certification requirements for commercial buildings.  The problem is that the current Green Building Act requires a … Continue Reading

Getting Green from the Stimulus

As promised, below is the slideshow from last week’s "Green in the Stimulus" presentation as part of Rutherfoord’s Trends in Green Building seminar.  Unfortunately, I have not figured out how to synchronize audio files with a slideshow – maybe next time. I had two goals when I created this presentation: (1) Explain the green building … Continue Reading

Nevada’s Green Building Incentive Experience

[GBLU Note:  Awhile back, I had the pleasure of hearing Darren Prum speak at the William & Mary symposium, "It’s Not Easy Building Green."  Darren’s presentation regarding Nevada’s problematic green building legislation was fascinating.  I asked Darren to write something up for Green Building Law Update on the topic. Darren’s post is very timely.  State and … Continue Reading

The Stimulus: Now for the Bad Part

Update:  For a rundown of green building provisions in the stimulus pacakge, see this post. Thank you to everyone who attended Rutherfoord’s "Trends in Green Building" seminar yesterday and listened to my "Green in the Stimulus" presentation.  It was great to recognize so many faces in the crowd.  If you came up and spoke to … Continue Reading

The Stimulus: “LEEDS”ing the Way?

Update:  For a rundown of green building provisions in the stimulus pacakge, see this post. Yesterday, while preparing for my "Green in the Stimulus" talk, I came across something both hilarious and frightening.  StimulusWatch.org has provided an inventory of proposed projects that could benefit from the stimulus.  The list was prepared from a list of … Continue Reading

“The Stimulus: Now for the hard part”

Update:  For a rundown of green building provisions in the stimulus pacakge, see this post.   On February 17, CNN ran the above headline after President Obama signed the stimulus bill.  To me, a more perfect headline could not have been written.    Ever since I read about the stimulus bill, one particular nuance has interested … Continue Reading

Thank You Mr. Fedrizzi

To start this post, I want to thank Rick Fedrizzi , CEO of the United States Green Building Council.  On February 12, I attended a breakfast hosted by Bisnow at which Mr. Fedrizzi was the guest speaker.  I really appreciated his speech – he did not ignore the current economic climate but talked about the opportunities that will emerge from the green … Continue Reading

Why Build Green in Virginia? It Just Makes Sense

[Green Building Law Update is achieving another first:  our first guest post!  Christopher G. Hill is a Virginia construction attorney and recently started a legal blog, Construction Law Musings.  I first met Chris through Twitter and I appreciate his willingness to discuss green building legal issues.] By:  Christopher G. Hill   Lately terms such as LEED … Continue Reading

How to Regulate Green in Virginia

Last week, we discussed a law in Virginia that prohibits municipalities from creating green building codes or mandates.  In short, Dillon’s Rule only grants to municipalities those powers that are explicitly granted by the state.  The Virginia Code has specifically granted the power to create a building code to the state; municipalities, on the other … Continue Reading

Top 5 Things I Learned at Green Building Law Symposium

Last week, I had the pleasure of speaking at the William and Mary Environmental Law & Policy Review symposium "It’s Not Easy Building Green."  The students did a fantastic job and the audience was large and engaged.  In particular, Mark Pike organized an interactive web 2.0 experience for the symposium that was quite impressive.  Many … Continue Reading

Green Building Regulation in Virginia: Zoning In

I hope you survived the dramatic cliffhanger from Monday.  Now, time to answer the question, how do Virginia cities and counties regulate green building if they cannot adopt a building code?  Such a dramatic pause for such a mundane answer:  zoning ordinances.  The Virginia code specifically delegates to the municipalities the right to create zoning … Continue Reading

Opposition to Portland’s Scaled-Back Green Regulation

Last week, Green Building Law Update highlighted Portland’s innovative green building regulation that includes a "Feebate" system to encourage green building development.  According to this OregonLive article, City Commissioner Dan Saltzman unveiled a previous version of the green building program nearly one year ago at the USGBC’s Greenbuild event in Chicago.  The reception in Portland … Continue Reading
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