Green Building Law Update

Environmental Law and Sustainability for Business

Archives: Environmental

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

By Stuart Kaplow on February 4, 2018 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 December 31, 2017 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

EPA Ends Perverse Practice of “Sue and Settle”

By Stuart Kaplow on October 22, 2017 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

You Should Not Contract With Your Environmental Consultant

By Stuart Kaplow on August 13, 2017 Posted in Codes and Regulations, Environmental

In an effort to mitigate risk you should not contract directly with an environmental consultant, but rather your attorney should contract with that consultant. While laws vary from state to state, in the vast majority of factual situations a business or property owner is ill served by contracting directly with a third party for most … Continue Reading

FTC Settles Charges Over Deceptive Zero VOC Claims

By Stuart Kaplow on July 23, 2017 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

Mold can be Arrested in the Marketplace

By Stuart Kaplow on July 9, 2017 Posted in Environmental, Green Building

Extensive mold contamination on ceiling and wall

Concern about exposure to indoor mold has been increasing as the public becomes sensitive to issues of building occupant health and wellbeing. Mold problems in buildings have in large measure been exacerbated by changes in building codes and construction practices that began in the 1970s. In the quest to be more energy efficient, buildings are … Continue Reading

Superfund can Save Our Current Way of Life

By Stuart Kaplow on July 2, 2017 Posted in Codes and Regulations, Environmental

Superfund is broken. “[W]e all know it doesn’t work — the Superfund has been a disaster,” said President Clinton. President Bush described the need for a program overhaul. President Obama acknowledged the 37 year old federal program’s flaws while seeking more funding. And now under President Trump there is action to clean up the Superfund … Continue Reading

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

By Stuart Kaplow on June 11, 2017 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

Selling a House with Solar Panels is Not for the Faint of Heart

By Stuart Kaplow on May 21, 2017 Posted in Energy, Environmental, Solar Panel

There are more than a Million houses in the U.S. with solar panels installed on the roof and that number is increasing. It can be difficult if not dangerous to fail to properly address rooftop solar panels at the time of sale of a house. Among the most often made inquiries to this law firm … Continue Reading

The Opportunity for ENERGY STAR

By Stuart Kaplow on March 19, 2017 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 February 19, 2017 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

Defamation Case over Global Warming Claim set for Trial

By Stuart Kaplow on February 5, 2017 Posted in Climate Change, Environmental

Michael E. Mann is a well-known climate scientist whose research in studying the “paleoclimate,” or ancient climate, has featured prominently in the politically charged debate about climate change. Dr. Mann filed an action for defamation and intentional infliction of emotional distress on October 22, 2012 against Competitive Enterprise Institute (CEI), Rand Simberg, National Review, Inc. … Continue Reading

California is a Model for PACE Loan Reform

By Stuart Kaplow on January 29, 2017 Posted in Energy, Environmental, Green Building, Local Government, Sustainability

California’s statutory changes to its existing residential Property Assessed Clean Energy (PACE) financing program, that became effective January 1, 2017, may be a model for residential PACE programs across the nation. The first residential PACE program started in Berkeley, California in 2007. Today there are laws in at least 34 states that allow some form … Continue Reading

Is the New USDA Organic Rule Dead on Arrival?

By Stuart Kaplow on January 22, 2017 Posted in Environmental, Federal, Sustainability

On January 19, 2017, the U.S. Department of Agriculture published a new list of rules governing the treatment of animals that are ultimately sold to consumers as organic food. It is suggested that these amendments to the existing organic livestock and poultry production requirements are an exercise in futility both in that they were published … Continue Reading

FTC Order Restricts use of “All Natural”

By Stuart Kaplow on January 1, 2017 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 December 11, 2016 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

Verdant Checked Cannabis is Coming

By Stuart Kaplow on November 20, 2016 Posted in Environmental, Sustainability

Nearly one quarter of U.S. residents now live in states that allow the recreational use of cannabis. While we all have been focused on the Presidential election results, cannabis law reform won in eight out of the nine states where it was on the ballot, from California to Massachusetts, on November 8, making clear the … Continue Reading

Trump Election Can Make Green Building Great Again

By Stuart Kaplow on November 10, 2016 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 October 16, 2016 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

Junk Science And Heat Island Effect Revealed at Greenbuild

By Stuart Kaplow on October 5, 2016 Posted in Environmental, Green Building, Green Globes, IgCC, LEED

Among the most interesting exhibitors at the Greenbuild International Conference and Expo this week in Los Angeles (.. and okay, the virtual reality experience from the View glass people is pretty wild) may be the Asphalt Pavement Alliance challenging what we thought we knew about urban heat island effect with peer reviewed research from Arizona … Continue Reading

You Must Register your LEED v2009 project by Halloween

By Stuart Kaplow on September 25, 2016 Posted in Environmental, Green Building, LEED

Halloween activities often include carving pumpkins into jack o lanterns and trick or treating in costume, and this year on All Hallows’ Eve you should be registering your LEED project. The end is near. October 31, 2016 is the last day to register a LEED version 2009 project. Registration will close on that date and … Continue Reading

Cannabis Cultivation has Growing Environmental Implications

By Stuart Kaplow on September 18, 2016 Posted in Codes and Regulations, Energy, Environmental, Sustainability

Cannabis cultivation is not new, but beginning in the 1990s when states began to legalize medical marijuana and recently as state laws evolved, decriminalizing and legalizing recreational use of cannabis, the burgeoning industry has brought with it environmental implications, including of water and energy use. Energy consumption for cannabis cultivation can be incredibly significant and … Continue Reading

New Federal Floodplain Regulations Rewrite 100 Year Floodplain

By Stuart Kaplow on September 4, 2016 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

Is California Going to Ban Cows in the Name of Climate Change?

By Stuart Kaplow on August 21, 2016 Posted in Environmental, State, Sustainability

The California Environmental Protection Agency Air Resources Board has issued a “Proposed Short-Lived Climate Pollutant Reduction Strategy” that includes the penultimate statement, California’s dairy and livestock industries account for roughly half of the State’s total methane emissions and about five percent of the State’s overall GHG emissions. About half of the emissions from the State’s … Continue Reading