Green Building Law Update

Environmental Law and Sustainability for Business

Archives: LEED

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New BREEAM In Use Version in a Changing World

By Stuart Kaplow on Posted in Green Building, LEED
Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched. In addition to improvements to the prior commercial building rating system BREEAM In-Use now includes residential for the first time (accepting that existing multi-family building is a very much underserved sector). An update … Continue Reading

LEED can Help Mitigate Legal Risks in ESG Disclosures

By Stuart Kaplow on Posted in Environmental, LEED
Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements. This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building … Continue Reading

179D Tax Deduction Brought Back to Life thru 2020

By Stuart Kaplow on Posted in Federal, Green Building, LEED
This past Friday night while aboard Air Force One the President signed legislation reviving the 179D energy efficient commercial buildings tax deduction, providing an enormous and much needed boost to domestic green building. Almost as compelling as the fictional undead being created through reanimation of a corpse, except here there were no zombies involved; it … Continue Reading

Greenbuild was Proof Positive that LEED is Thriving

By Stuart Kaplow on Posted in Green Building, LEED
The just completed 2019 Greenbuild International Conference and Expo in Atlanta is absolute proof that the LEED green building rating system, with more than 100,000 projects registered and certified, is thriving. The theme of this year’s Greenbuild was “A New Living Standard,” that everyone, regardless of background or circumstance, deserves a safe and healthy place … Continue Reading

LEED Offers Companies a Response to Declining Bird Populations

By Stuart Kaplow on Posted in Environmental, LEED
Condor in the Cordillera Huaywuash, Peru
In response to a much publicized new study on North American bird populations that appeared in the journal Science last month, we received a significant number of inquiries from businesses about what an appropriate response might be from a responsible company? The study found “cumulative loss of nearly three billion birds since 1970, across most … Continue Reading

Brownfield Laws can Save Green Building and the Planet

By Stuart Kaplow on Posted in Federal, Green Building, LEED
It is widely accepted that the greenest building is one already built. So, why then on the 20th anniversary of many state brownfield programs, is there so little correlation between green buildings and brownfields? Green building ratings systems, standards and codes expend a great deal of verbiage on aims reducing embodied carbon, including the currently … Continue Reading

Maryland Reverting to Certifiable In Lieu of Certified Green Building

By Stuart Kaplow on Posted in Green Building, Green Globes, IgCC, LEED
In response to an act of the Maryland legislature in 2018, the state is proposing a watershed revamp of its current mandatory green building requirements for new public school buildings. The public is being invited to comment on the proposal. Existing State Finance and Procurement Section 4-809(f) was amended adding new section (6), providing in … Continue Reading

GSA Reviews more than 100 Green Building Systems and Selects 5

By Stuart Kaplow on Posted in Federal, Green Globes, LEED
Section 436(h) of the Energy Independence and Security Act of 2007 requires the General Services Administration’s Office of Federal High-Performance Buildings to complete a review of high performance building certification systems every 5 years. After the review, GSA recommends to the Secretary of Energy the building certification systems most likely to encourage a comprehensive approach … Continue Reading

Maryland Appellate Court Upholds Local Government Pesticide Ban

By Stuart Kaplow on Posted in LEED, Local Government
Last week the Maryland Court of Special Appeals, the state’s intermediate appellate court, overturned an earlier circuit court decision, reinstating a Montgomery County ordinance significantly restricting pesticide use throughout the County. In October 2015, the Montgomery County Council enacted Bill No. 52-14 becoming the first major jurisdiction in the country to enact such a ban. … Continue Reading

LEED Prerequisite Now Prohibits Smoking Cannabis

By Stuart Kaplow on Posted in LEED
The U.S. Green Building Council issued a LEED Interpretation in 2018 ruling, “smoking of cannabis is considered a form of smoking for the purposes of both the interior and exterior smoking provisions of the LEED Prerequisite Environmental Tobacco Smoke Control.” The LEED prerequisite prohibits smoking outside the building except in designated smoking areas located at … Continue Reading

St. Petersburg is Bold in Mandating Envision

By Stuart Kaplow on Posted in Codes and Regulations, LEED, Local Government
The City of St. Petersburg, Florida passed a progressive ordinance last week mandating that City infrastructure projects and newly constructed and renovated City building be third party certified as green. The new Ordinance 359-H, passed by the St. Petersburg City Council on January 17, 2019 and awaiting the Mayor’s signature, supersedes the prior Executive Order … Continue Reading

Buying a LEED Certified Building Is Easy But ..

By Stuart Kaplow on Posted in LEED
Despite that a frog told us all in a song lyric, “it’s not easy bein’ green,” it is easy to buy a green building, but .. And there are many good reasons for purchasing a green building that is LEED Certified. LEED gave us the technologies and methodologies revolutionizing the way we construct and occupy … Continue Reading

With Over $3.6 Trillion in Value You Should Pay Attention to GRESB

By Stuart Kaplow on Posted in GRESB, LEED
For the uninitiated GRESB assesses the sustainability performance of real estate and infrastructure portfolios worldwide. GRESB is the global environmental, social and governance (ESG) benchmark for real estate assets. GRESB’s stated “mission is to enhance and protect shareholder value by assessing and empowering sustainability practices in the real asset sector.” They do that by offering … Continue Reading

Greenbuild – The Target Rich Environment for Green People

By Stuart Kaplow on Posted in Green Building, LEED
Friends from Lorax Partnerships at Greenbuild
I am often asked, “how can I expand my green building business?” And I have offered the same response for more than a decade – attend the Greenbuild International Conference and Expo (.. yes, you will have to talk with people while you are there). This year Greenbuild is in Chicago from November 14 thru … Continue Reading
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