Green Building Law Update

Environmental Law and Sustainability for Business

Archives: LEED

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Green Building Transactional Due Diligence

By Stuart Kaplow on Posted in Green Building, Green Globes, IgCC, LEED, Local Government
As ever larger numbers of green buildings are bought and sold, due diligence related to the green features of commercial buildings takes on an increasing importance. But apparently most real estate due diligence checklists are stuck in the 1980s and while they address matters ranging from title and zoning to tenants and leases, as well … Continue Reading

Suing But Not Because it was Not a Green Building

By Stuart Kaplow on Posted in Construction, Green Building, Insurance, LEED, Surety
With the maturation of the green building industrial complex it has become clear there is no more or additional liability associated with constructing a green building versus a similar non green structure. But, the claims that have resulted in much of the recent litigation involving green building projects are different from those in other construction … Continue Reading

False Advertising Claims over Net Zero and LEED Certified Homes

By Stuart Kaplow on Posted in Energy, Green Building, LEED, Sustainability
Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. The website for the architect on the project, today still says, “2500 R Street located on a two acre site along the R Street light rail corridor in Midtown Sacramento, this new single-family home … 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

Increased Flexibility for LEED Multifamily Residential Projects

By Stuart Kaplow on Posted in Green Building, LEED, Sustainability
Dramatic changes have been announced by the U.S. Green Building Council to the LEED v4 Homes Multifamily Lowrise and Multifamily Midrise rating systems with the aim of broadening market share. Regular readers of this blog will recall that I blogged from Greenbuild last month, when Scot Horst first publicly announced dramatic changes to LEED multifamily … Continue Reading

BREEAM for Existing Buildings: The British are Coming

By Stuart Kaplow on Posted in Green Building, LEED, Sustainability
BRE Global Ltd., the 97 year old Great Britain based world’s leading authority on all aspects of the built environment (.. it all started with fire testing for homes), with over 2,247,696 BREEAM registered buildings across 77 countries in its sustainability assessment method, will before the end of the year award its first BREEAM In-Use … 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

The Future was on Display at Greenbuild

By Stuart Kaplow on Posted in Green Building, LEED, Sustainability
Nearly 20,000 people attended the U.S. Green Building Council’s Greenbuild 2016 convention in Los Angeles last week with more than 600 exhibiters from the green building industrial complex showcasing innovations and new products on the expo floor. Regular readers of this blog will know that I blogged  from Greenbuild last week, including Top 10 Products … Continue Reading

Junk Science And Heat Island Effect Revealed at Greenbuild

By Stuart Kaplow on 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

Less than 20% of Green Building Contracts Properly Drafted

By Stuart Kaplow on Posted in Green Building, IgCC, LEED, Sustainability
In a recent review of contracts involving green building construction projects, less than 20% had properly drafted provisions addressing green building matters. 100 contracts involving green building construction projects were reviewed. The methodology was admittedly unscientific, if only in that the sample was too small given the large number of sustainable building being erected across … Continue Reading

Vancouver Leaving LEED for Zero Emission Building Mandate, But ..

By Stuart Kaplow on Posted in City, Energy, Green Building, LEED
On July 13, 2016, the Vancouver City Council approved a Zero Emissions Building Plan that is among the most aggressive by any government with the stated purpose of reducing greenhouse gas emissions. While much of the media attention has described that Vancouver is the first major city in North America to establish specific actions to achieve … Continue Reading

Attend Greenbuild – The Best Way To Grow Your Green Building Business

By Stuart Kaplow on Posted in Green Building, LEED, Sustainability
I am often asked, “how can I expand my green building business?” My answer is simple and the same response I have offered for years, attend the Greenbuild International Conference and Expo. This year Greenbuild is in Los Angeles from October 5 – 7. I do not claim any particular business marketing prowess, but Greenbuild … Continue Reading

Miami Beach’s New Green Building Tax

By Stuart Kaplow on Posted in Codes and Regulations, Green Building, LEED, Local Government, Sustainability
Some years ago an ordinance enacted by the City of Miami Beach received accolades across the globe when it protected endangered sea turtles that nest on the beaches of Miami Beach, by “restricting artificial lighting and other activities that disorient turtle hatchlings, causing them to crawl toward land rather than toward the ocean.” However, a … 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

Now is the Time to Revise your Green Building Contracts

By Stuart Kaplow on Posted in Green Building, Green Globes, LEED, Sustainability
Today is the day to revise your contracts for sustainable projects. With the U.S. Green Building Council’s recent announcement that all new projects registering for LEED 2009 beginning later this week, on April 8, 2016, will need to satisfy increased minimum energy performance thresholds, everyone involved with LEED projects should promptly review their contract documents … Continue Reading

Wipe Out Zika Virus Carrying Mosquitoes with Pesticides

By Stuart Kaplow on Posted in Environmental, Green Building, LEED, Legal, Sustainability
“Mosquito borne diseases are among the world’s leading causes of illness and death today. The World Health Organization estimates that more than 300 million clinical cases each year are attributable to mosquito borne illnesses. Despite great strides over the last 50 years, mosquito borne illnesses continue to pose significant risks to parts of the population … Continue Reading

LEED Buildings and the Zika Virus

By Stuart Kaplow on Posted in Environmental, Green Building, LEED, Sustainability
Owners of LEED buildings should evaluate the need to apply insecticides, killing mosquitoes to protect occupants from the Zika virus. Zika virus has been sweeping through South and Central America, with more than a million suspected cases during the past few months, along with a substantial increase in reporting of infants born with microcephaly. Although … Continue Reading
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