I have been amazed at the immediate interest generated by the International Green Construction Code (IGCC). Despite the fact that the IGCC is still in its infancy, there are a number of states and municipalities closely studying it for adoption. We have already discussed Rhode Island’s adoption of IGCC for public buildings. More significantly, … Continue Reading
Every year, as the calendar turns over, a host of new regulations take effect. In California, January 1, 2011 marked the introduction of CALGreen, the California green building code. The California government has produced a guide to CalGreen, which I found informative: “The 2010 California Green Building Standards Code is a code with mandatory requirements … Continue Reading
I continue to ponder the importance of the release of the International Green Construction Code public version 2.0 (IGCC). I recently asked Bob Kobet, LEED Faculty member, to provide his thoughts on IGCC. It’s good to see that I am not the only one who thinks the new code is a big step for green building. … Continue Reading
Back in October 2010, Doug Reiser and I co-presented on the topic of substituting LEED for traditional building codes. As we were finishing our presentation, I reiterated our primary theme that LEED standards should not be used as a building code. One of the audience members raised her hand and asked why weren’t we discussing … Continue Reading
Last week, we looked at Air Conditioning, Heating, and Refrigeration Institute (ACHRI) v. City of Albuquerque, a case in which a federal court struck down portions of the Albuquerque Energy Conservation Code based on the doctrine of federal preemption. In a construction code context, federal preemption often means that products and appliances are regulated at … Continue Reading
Last night I had dinner with a long-time reader of Green Building Law Update. I was frank with him, and I will be frank with you. I will be doing two things this year with the blog: 1. I am going to stop talking about LEEDigation as much. 2. I am going to talk more … Continue Reading
Across the country, government officials are scrambling to award and spend American Recovery and Reinvestment Act (ARRA) funding before upcoming deadlines. If you are a contractor or subcontractor lucky enough to work on one of these projects, congratulations! Now comes the tough part. Working on a federal or state-funded project brings a myriad of regulatory … Continue Reading
For this Halloween edition of Green Building Law Update, I thought I would try to scare your socks off by describing circumstances that may lead to the green building legal apocalypse. Be warned, this blog post is going to give you nightmares! Last week, Doug Reiser and I presented at the Green Legal Matters conference … Continue Reading
The likelihood that some American Recovery and Reinvestment Act (ARRA) green building projects would fail should not come as a surprise to Green Building Law Update readers. Back in February 2009, I wrote about the the difficulties of administering the stimulus funds at state, county and municipal levels. In January 2010, I highlighted initial problems … Continue Reading
As part of the evolution of Green Building Law Update, I have started an interview series with leaders in the green building industry. My first interview is with John Kennedy, Autodesk’s Senior Manager of Sustainable Analysis Products. My interest in interviewing John was piqued when Autodesk’s Vice President called for reform to the federal government’s … Continue Reading
Construction defects often take a long time to develop. Take, for example, the Courthouse Square building in Salem, Oregon, which is used for county offices and retail stores. It was constructed in 2000 and received its LEED certification in 2002. As early as 2002, problems were identified at the project, including cracked grouting and loose … Continue Reading
I first met Daniel Moring as an aide to D.C. Council Member Mary Cheh when we discussed the D.C. Green Building Act. We recently met up to discuss the General Services Administration’s proposal to require greenhouse gas emissions reporting and I asked him to write a post on the topic. Enjoy and have a great … Continue Reading
The green building industry has been besieged the last few years with stories about buildings not performing as anticipated. It appears the federal government has taken notice, and is pushing reforms to green building certification, based on comments by one high-ranking General Services Administration official: “’One of the things that I tease the USGBC … Continue Reading
It’s an understatement to say environmentalists were disheartened by Senator Reid’s announcement last week that a comprehensive cap-and-trade bill would be tabled for the year. But, fear not, environmentalists – and, be fearful, unprepared federal contractors – because the federal government will be regulating greenhouse gas emissions in other ways. Back in October 2009, … Continue Reading
States are facing significant budget gaps. These budget gaps are going to negatively affect the green building industry. States looking to shore up budgets will cut new construction and maintenance of existing buildings in the coming years. But there is a solution: public-private partnerships. Just prior to the economic downturn, the phrase "public-private … Continue Reading
Despite my previous suggestion that the USGBC’s Greening the Codes could have done without the history of building codes, I do think it offers an interesting history lesson. This paragraph caught my attention: The energy crisis of the 1970s brought yet another topic to the national stage. The soaring costs of energy and a … Continue Reading
The United States Green Building Council (USGBC) recently published a white paper entitled "Greening the Codes" that is simultaneously very helpful and somewhat frustrating. The most important information is buried on page seven after an unnecessary review of the history of building codes. But if you can get through the first six pages, you will … Continue Reading
What Is a "Zero Environmental Footprint"? This is an important question for government contractors because the General Services Administration (GSA) recently proposed that the federal government move to a zero environmental footprint. Unfortunately, I’m not sure anyone has defined this apparently new term. The GSA’s announcement doesn’t define "zero environmental footprint." None of the articles … Continue Reading
Executive Order (EO) 13514 continues to have enormous implications for the green building industry. As you’ll recall, EO 13514 requires that federal agencies comply with a number of green building stipulations, including 95% of all applicable contracts meet sustainability requirements. While the American Recovery and Reinvestment Act (ARRA) invested over $25 billion in green building … Continue Reading
I recently co-authored a chapter with Shari Shapiro of a soon-to-be-published book about green building law. I am a regular reader Shari’s Green Building Law Blog and she is one of the authors who helped me launch my own blog. However, I am going to respectfully disagree with one of her recent posts regarding green … Continue Reading
My first legal case involved "fly ash." I had no idea what fly ash was so I looked it up in the dictionary. Fly ash is a "coal-combustion by-product" (CCB) that is often used in concrete as a replacement for portland cement. When used in massive concrete structures, like dam construction, fly ash can result … Continue Reading
On Thursday, I had the honor of presenting on green building legal issues to the Texas Young Lawyers Association. I graduated from the University of Texas School of Law, so it was surreal to be invited back for the opportunity to speak on the law. Whenever I speak, I leave time for questions and this … Continue Reading
For many in the green building industry, federal projects have provided an opportunity for much needed work as private development has stalled. However, contractors should be aware of a significant change to federal construction contracts coming down the pike. On April 13, President Barack Obama issued an Executive Order that will result in new requirements for … Continue Reading
On Saturday, I was having a leisurely breakfast with my wife when I foolishly flipped on my blackberry, opened my email and stared at the following headline: Comox Rec Centre not LEED anymore. Breakfast was essentially over. Never before had I seen the potential for LEEDigation stated so clearly in a headline. The Comox … Continue Reading
