Green Building Law Update

Environmental Law and Sustainability for Business

Archives: Sustainability

Modern Slavery Exists and We Must Stop It Now

By Stuart Kaplow on September 2, 2018 Posted in Green Building, Sustainability

There is a lot of green building going on at BREEAM USA from a pilot program for BREEAM In-Use with multifamily properties to the certification of the first BREEAM USA In-Use office tower, but what is no doubt most impactful is the BRE Ethical Labour Sourcing Standard enabling businesses to commit to eliminating any possibility of … Continue Reading

Jury Awards Millions in Sustainable Hog Case

By Stuart Kaplow on August 5, 2018 Posted in Environmental, Sustainability

Last week a jury in federal court awarded more than $470 million to six people who live from one-third of a mile to one mile away from a hog farm, run by Murphy Brown an affiliate of Smithfield Foods, in a rural patch of Pender County, North Carolina. The lawsuit is the third to go … Continue Reading

The Hottest Environmental Trend is Sustainable Business Practices

By Stuart Kaplow on June 24, 2018 Posted in Environmental, Green Building, Sustainability

In a dramatic shift the fastest growing environmental issue in 2018 is sustainable business practices. At a time when many issues are politically charged, including environmental matters, a major shift in public opinion is happening. There are dramatic changes ongoing as a consequence of the last Presidential election that will result in less and different … Continue Reading

The Systole and Diastole in Recycling

By Stuart Kaplow on October 29, 2017 Posted in recycling, Sustainability

Recycling is not new. 11,000 years before Christ the people in the Nile valley recognized the intrinsic value of reusing waste. But maybe not since that dawn of civilization has recycling undergone the wide fluctuation, good and bad, that we are seeing right now. The bad news is that on July 18, China notified the … Continue Reading

You Need a Green Building Consultant (Who Speaks for the Trees)

By Stuart Kaplow on June 18, 2017 Posted in Green Building, LEED, Sustainability

The Lorax Partnerships Team

We are often asked “what is the best way to assure success in a green building project?” Whether that query is from a Fortune 1000 businesses or an architect, the answer is the same, have the owner engage an experienced green building consultant as early as possible in the project. Which often leads to a … Continue Reading

Prospering thru Green Building in a Changing Environment

By Stuart Kaplow on April 2, 2017 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

FITWEL may be the Future of Building Sustainability

By Stuart Kaplow on March 26, 2017 Posted in Green Building, LEED, Sustainability

FITWEL, a cost effective, high impact, health promoting building certification, may be the best thing since sliced bread. The well being of building occupants is increasingly being described as the number one driver of sustainability. In the in the U.S. alone there are more than 120 million employees who spend an average of 8.1 hours … Continue Reading

The First BREEAM USA Certification

By Stuart Kaplow on March 12, 2017 Posted in Green Building, Sustainability

The Oaks, a 1.3 million square foot shopping mall located in Thousand Oaks, California, owned by Macerich is the first project achieve certification under the new BREEAM In-Use program for existing buildings. Macerich, a leading owner, operator and developer of major retail real estate with a portfolio of over 50 shopping malls, also earned the … Continue Reading

Deadline to Propose Changes to National Green Building Standard

By Stuart Kaplow on February 26, 2017 Posted in City, Green Building, Sustainability

Development of the 2018 version of the National Green Building Standard (NGBS) is now underway. The NGBS is a collaborative effort between the National Association of Home Builders and International Code Council, the NGBS also known as the ICC 700 provides “green” practices that can be incorporated into new homes, including high rise multifamily buildings, … 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

Passive House is “In” in 2017

By Stuart Kaplow on January 8, 2017 Posted in Green Building, Sustainability

As you consider what’s “in” and what’s “out” in 2017, within the realm of green building, Passive House is in. It is not controversial to accept that a strategy to reduce greenhouse gas emissions from buildings at low cost, while also improving occupant comfort, is to improve the thermal performance of the building envelope. By … 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

A Day in the Life of a Green Building Attorney

By Stuart Kaplow on December 18, 2016 Posted in Green Building, Legal, Sustainability

This blog post is not as epic as A Day in the Life, the last song on the Sgt. Pepper’s Lonely Hearts Club Band album that Rolling Stone magazine ranked as the greatest Beatles song ever. But rather, this responds to a question I was recently asked when speaking at a law school forum 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

False Advertising Claims over Net Zero and LEED Certified Homes

By Stuart Kaplow on November 13, 2016 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

Increased Flexibility for LEED Multifamily Residential Projects

By Stuart Kaplow on November 6, 2016 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 October 30, 2016 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 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

The Future was on Display at Greenbuild

By Stuart Kaplow on October 9, 2016 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

Less than 20% of Green Building Contracts Properly Drafted

By Stuart Kaplow on October 2, 2016 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

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

PACE Bill Due in Baltimore City

By Stuart Kaplow on September 11, 2016 Posted in City, Energy, Green Building, Sustainability

A public hearing is scheduled tomorrow on a Property Assessed Clean Energy (PACE) loan program ordinance in Baltimore City. I have been quoted saying that PACE “could be bigger than anything in U.S. real estate since the invention of the glass window.” PACE loan programs, where payments for energy efficiency, water conservation and renewable energy … Continue Reading