Correction: It is now clear to me that I misinterpreted the testimony of Dr. Dorothy Robyn, Deputy Under Secretary of Defense. Instead, the Department of Defense is going to simultaneously require compliance with its green building code and with LEED certification. Read more here: Defense Department to Adopt Green Code and LEED We have entered a … Continue Reading
I apologize for the recent hiatus here at Green Building Law Update. If you want to see what I have been up to, check out ClaimKit (www.claimkit.com). Now, on to green building legal news. You may recall that in 2011, I published many, many articles on the Destiny USA project. Here’s a quick summary of the Destiny USA … Continue Reading
I had been hearing whispers that the Army planned to ignore the recently-enacted LEED ban, and now we have proof. Back in December 2011, GBLU reported on legislation that banned the Department of Defense from pursuing LEED Gold or Platinum certification. As reported by BuildingGreen, despite the new law, the Army is reiterating its commitment to … Continue Reading
It has been a rough year for Congress. The Republican and Democrats, the House and Senate — no one can seem to agree. Unless we are talking about green buildings. In June, I reported on the Department of Defense Reauthorization bill that passed the House of Representatives. In the legislation, the Department of Defense was … Continue Reading
Of course it could — it already has. But first lets recap the Solyndra saga. Solyndra is the solar panel manufacturer in California that qualified for a $535 million federally-backed loan. Since receiving the loan, the price of solar panels has plummeted – good news – which has squeezed the margins of manufacturers like Solyndra. … Continue Reading
One of the great parts about Green Building Law Update is interacting with astute readers. One recent comment has forced me to rethink the proposed Department of Defense Reauthorization Bill ban on LEED certification. In the comments to last week’s post, reader R. David Chambers asked an important question: Chris – your quoted section says … Continue Reading
It is not looking pretty for federal green building policy. Earlier in the year, I speculated that Congress might target green building certification as an unnecessary cost. Well, it happened. From the ASHRAE Government Affairs Update: House Passes National Defense Authorization Act for FY 2012 – Would Require Cost-Benefit Analysis & Long-Term Payback for DoD Adopting … Continue Reading
The following post is written by Kirk Dryer, a law student at the University of Missouri. Kirk is also the first Green Building Law Update intern. His assistance researching the Destiny USA matter was priceless. Below, Kirk explains the tax implications of an adverse ruling in the Destiny USA dispute. If you want to read more on … 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
Many months ago, I promised a two-part series on public-private partnerships. Part one was previously published and today I wrap up the series with post two. As we head in to 2011, public-private partnerships will play a vital role in replacing the non-existent state funds for necessary public works projects. Here is part two on … Continue Reading
Today I am interviewing Karen Bates Kress, President of the Yellowstone Park Foundation. Yellowstone National Park just completed construction of a LEED Gold Old Faithful Visitors Center. The Foundation played an important role in raising funds for the green and educational aspects of the project . While this is not a traditional public-private partnership, it is … Continue Reading
I just finished up a presentation to the Construction User’s Roundtable (i.e. users of construction services) regarding public private partnerships (P3s). P3s are defined by the National Council of Public Private Partnerships as: "a contractual agreement between a public agency (federal, state or local) and a private sector entity. Through this agreement, the skills and … 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
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
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
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
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
From time to time, I like to step outside the green building industry and look at construction of renewable energy projects. While windmill construction is nothing new, countries are looking for new opportunities to develop wind energy. One new type of development has certainly caught my attention from a risk management standpoint. A recent … 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
