I have previously written about informal complaints regarding the Environmental Protection Agency (EPA) and Department of Energy’s (DOE) Energy Star Program for appliances. Based on recent findings of a Government Accountability Office report, it seems much larger systemic problems exist within the Program: "In a nine-month study, four fictitious companies invented by the accountability office … Continue Reading
On Monday, I discussed conflicts between military construction and green building certification. Green building certification was originally created for commercial office buildings, which can create some odd applications in military construction. While we have have already discussed energy efficiency, bicycle racks and HVAC systems, there is one component of military construction that conflicts directly with … Continue Reading
Douglas Reiser, who publishes at the Builders Counsel Blog, recently posted an interesting question regarding Davis-Bacon wage determinations for green building projects: "What do you think about Davis-Bacon worker/payment classifications for ‘green building’ specialists or professionals? Should there be a classification for your project’s LEED AP? How about for any independent raters? I am thinking … Continue Reading
I had never quite understood why federal agencies were so focused on green building certification. That was, until I read this: "U.S. agencies are required to have 15 percent of their existing building inventory incorporate sustainable elements by 2015 under Executive Order 13423, signed by George W. Bush in 2007. To comply with the order, … Continue Reading
During green building presentations that include legal views, I usually expect that someone in the crowd will not agree with my views of the green building industry. Usually, the unhappy audience member cannot fathom that there are potential risks associated with green building. Last week, though, I received a much different reaction when I presented … Continue Reading
[I have said many times that the legal principles that will apply to green building projects will be very similar to existing legal principles in the construction law field. Going forward, on Fridays we will be reviewing legal developments from the construction industry that most likely will be applied to green building projects.] If … Continue Reading
While preparing for my presentation "Legal Considerations When Building Green" for the National Research Council, I contemplated what proposals I wanted to make to the federal agency representatives that would be in attendance. The federal government is pushing federal investment in green buildings through $25 billion allocated from the American Recovery and Reinvestment Act and … Continue Reading
Back in January 2010, I said this: "Government officials and citizens are going to expect results form the significant investments in the green movement (particularly in an election year). In 2010, the nation will begin to decide if investments in the green building and renewable energy industries were worth it." Not one month later, it … Continue Reading
I often get the same question about the American Recovery and Reinvestment Act: where are the green jobs and projects? A recent Wall Street Journal article sheds light on that question: "The Obama administration’s economic-stimulus program has delivered about a third of its total $787 billion budget during its first year, much of that to … Continue Reading
What would you tell the federal government about green building law if you had the opportunity? This past weekend, I contemplated this question as I prepared for a presentation that two colleagues – Catherine Kunz and Stephen McBrady – and I will be giving to the National Research Council and 15 federal agencies that will … Continue Reading
When you think of green energy projects, what sort of results do you anticipate? New energy sources? Reduced energy costs? Green jobs? What about earthquakes? Geothermal energy, a widely-touted green energy source, involves drilling miles-deep wells into underground reservoirs in order to tap steam and hot water that can be used for energy applications. I … Continue Reading
Many federal agencies are applying the LEED rating system to buildings in the United States, but one agencies unique use of the system recently caught my attention. The Army Corps of Engineers is attempting to modify the LEED rating system for international application.… Continue Reading
A coalition of forest product companies (“the Coalition”) has filed a complaint with the Federal Trade Commission (FTC) regarding, in part, the United States Green Building Council’s preference for Federal Stewardship Council-certified (FSC) wood products. The Coalition has asked the FTC Bureau of Competition to provide guidance to the USGBC and other rating systems regarding the … Continue Reading
We may be settling into 2010, but one unresolved legal development in 2009 could have a broad impact on the future of the green building industry. On October 20, 2009, the Coalition for Fair Forest Certification ("the Coalition") filed a complaint with the Federal Trade Commission (pdf), alleging anti-competitive behavior by the Forest Stewardship Council (FSC) … Continue Reading
The Department of Energy will remain busy in 2010 with American Recovery and Reinvestment Act projects. In addition to $3.1 billion for the State Energy Program, the DOE is also responsible for $5 billion distributed to states for the weatherization of homes. One state has already come under criticism for management of its weatherization … Continue Reading
The American Recovery and Reinvestment Act (ARRA) included $250 million for a "RAT" board (pdf) established to audit and investigate stimulus-funded programs and projects. In addition, states have established their own auditing programs. These auditing programs have started to reveal some problems with ARRA green building programs (subscrip. req.). The Department of Energy … Continue Reading
The green building industry is entering an interesting period. In 2009, the green building movement was embraced as a solution to economic and environmental problems. "Green jobs" were touted as a way to improve the economy while reducing unemployment. Investment in renewable energy and energy efficiency measures was championed as a way to reduce greenhouse … Continue Reading
It’s always amazing to me the unexpected consequences that result from apparently benign activities. As new green building and energy innovations and materials are incorporated into projects, there is always the possibility of an unexpected consequence. Take for instance a geothermal energy project in California. Geothermal projects involve mile-or-more-deep wells drilled into underground reservoirs to tap … Continue Reading
On December 7, the Environmental Protection Agency (EPA) issued a finding that greenhouse gas emissions pose a danger to human health and environment. The finding sets the stage to allow the EPA to regulate these emissions. What impact will this endangerment finding have on the green building industry? In my view, the endangerment finding … Continue Reading
On Friday, we discussed Navy contracting requirements for tracking "energy efficiency" and "energy footprints." When I first learned of these requirements, I was reminded of Executive Order 13514. We have already discussed Executive Order 13514 in terms of the green building industry, but the Order also contains provisions relating to greenhouse gas emissions. I don’t … Continue Reading
My colleague Steve McBrady and I recently presented “Green Building in the 21st Century” at the national conference of the Construction Users Roundtable. Our slideshow is available below. Our primary message was that the federal government’s investment of $25 billion in green building projects, through the American Recovery and Reinvestment Act will prop up the … Continue Reading
A major overhaul to the Energy Star program, which currently certifies and labels products that are energy efficient, is imminent. How this overhaul occurs remains to be seen. On the one hand, the two current agencies responsible for the Energy Star program- the Environmental Protection Agency (EPA) and the Department of Energy (DOE) – are … Continue Reading
The Energy Star program, responsible for certifying energy efficient products, is about to undergo some major changes. Recently, the program, run by the Environmental Protection Agency (EPA) and the Department of Energy (DOE), has come under fire from a number of groups: "Various stakeholder groups, such as manufacturers, utilities and even Consumer Reports , the … Continue Reading
It is very rare to read a green building regulation and not see a mention of a green rating certification. When I started reviewing Executive Order 13514, I was certain that the LEED rating system would be included. On Friday, we saw that new green federal contracting requirements did not rely on independent green rating … Continue Reading
