PFAS is no doubt a developing environmental catastrophe but this just announced EPA action listing PFAS as a hazardous substance in the U.S. is yeeting the matter without regard that this solution may do more harm than good.… Continue Reading
This is a significant setback for state and local governments across the country seeking to ban natural gas, directly, indirectly, or otherwise.… Continue Reading
Non profits can now receive a direct payment from the Federal government for 30% of their total solar energy system installation costs… Continue Reading
In a continued period of falling energy prices, for oil and natural gas as well as renewables, and in an era when energy use in the U.S. has not increased in decades (despite the increase in population), Congress passed an energy bill. ... Tenant Star will present business opportunities and may some day be a market driver in the commercial real estate sector… Continue Reading
For those interested in green building, the most important tax provision extended in the bill is the 179D energy efficient commercial building deduction that had expired on December 31, 2013. The bill retroactively brings the deduction back to life ..… Continue Reading
While many have focused on the funding to fight the Islamic State terrorist group or the 1 percent boost in military pay, the National Defense Authorization Act for 2015 makes a major change in green building across this nation when it authorizes use of the ICC 700 National Green Building Standard.… Continue Reading
The Federal Trade Commission sent letters to 15 businesses last month warning that their biodegradable claims may be deceptive. The FTC has since the 2012 release of the updated Green Guides stepped up enforcement of environment claims from the use of renewable energy to VOCs in coatings, and more.… Continue Reading
The FTC is pursuing green marketing claims .. the fake plastic lumber products were used as trim and decorative moldings, including in green buildings, as well as for outdoor decking.… Continue Reading
Both LEED and Green Globes are the very type of "voluntary consensus standards" that will be impacted by the revised OMB Circular A-119. OMB is seeking comments on the revision no later than May 12, 2014.… Continue Reading
Owners of building that generate onsite renewable energy, with solar panels or otherwise, and sell the renewable energy credits (RECs) should not claim the building "uses renewable energy." The uncertainty of the solar panel market and the fast changing industry that is in large measure supported by RECs, constantly raises questions about what marketing claims a building owner can make about renewable energy installations on their property.… Continue Reading
Against a backdrop in early 2014 where by many measures environmental progress in business appears to have plateaued, Environmental Product Declarations are among the hottest topics in sustainability.… Continue Reading
In a Final Rule issued this past Monday, EPA is recognizing the newly issued ASTM E1527-13 Phase I Environmental Site Assessment Standard as compliant with the All Appropriate Inquiries Rule and is planning to withdraw the Phase I Standard in use since 2006..… Continue Reading
President Obama signed the National Defense Authorization Act for fiscal 2014 in Honolulu last Thursday and while most observers noted that the bill cracks down on sexual assaults in the military and eases restrictions on transferring detainees from Guantanamo Bay, the bill also is a huge win for the U.S. Green Building Council's LEED green building rating system.… Continue Reading
In a tectonic shift in government policy, the Department of Defense will now permit the use of both Green Globes and LEED for third party green building certification.… Continue Reading
This case represents the first criminal conviction under the 1915 era Migratory Bird Treaty Act for unlawful avian takings at wind projects. Duke Energy plead guilty on November 23, 2013 to 2 misdemeanor counts.… Continue Reading
The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency's ramped up crackdown on environmental claims.… Continue Reading
The Federal Trade Commission will begin to ramp up enforcement of environmental claims .. The coming crackdown on environmental claims follows an update of the FTC's Green Guides last year that set forth the commission's current views on environmental marketing to help business avoid making unfair or deceptive claims.… Continue Reading
The U.S. Fish and Wildlife Service is soliciting comments on the issuance of a take permit "for recurring eagle mortalities" .. It has been suggested that comments should be submitted on the double standard of issuing permits for killing bald eagles with wind turbines while charging .. power companies for electrocuting birds on power lines.… Continue Reading
Green marketing presents an enormously valuable strategy for increasing brand value - cutting across all sectors. But the legal implications for green marketing claims call for caution.… Continue Reading
Someone recently asked me why I was baffled about the Department of Defense’s decision to use both LEED and a green building code. Here are two reasons: 1. The policy is a waste of taxpayer money. 2. The policy unnecessarily increases risks for government contractors. LEED + Green Building Code = Duplicative Costs This concept is so logical … Continue Reading