Green Building Law Update

Environmental Law and Sustainability for Business

Tag Archives: Green

Litigation over First LEED Platinum Building Comes to an End

By Stuart Kaplow on Posted in LEED
It should give design professionals pause, now more than ever, that specifying new or untried materials and products (that are often the keystone of sustainable building) comes with unique risks; and in this case PolyClear 2000 was specified even before the emerging era of expanded liability arising from environmental product declarations and health product declarations.… Continue Reading

IgCC will now be Powered by ASHRAE 189.1

By Stuart Kaplow on Posted in Codes and Regulations, LEED
Last Friday, the International Code Council and ASHRAE announced that the new version of the International Green Construction Code (IgCC), .. scheduled to be released in 2018, .. will be powered by" ASHRAE Standard 189.1. .. Much of the early reaction has been nonplussed given that, today, there are only a handful of IgCC green buildings.… Continue Reading

Lawyers’ Opinion Matters in Green Building Transactions

By Stuart Kaplow on Posted in LEED, Legal
This law firm is increasingly called upon to give legal opinions that a green building is LEED certified, certifiable or otherwise 'really' a green building. ... We also receive requests to give opinions of counsel that a project is ICC 700 'certifiable' or ASHRAE 189.1 compliant or complies with Enterprise Green Communities criteria; commonly associated with qualifying for governmental incentives. Committing that a project will be LEED certifiable versus certified by GBCI increases certainty and lowers risk.… Continue Reading

LEED Bird Collision Deterrence to be Required in Highland Park

By Stuart Kaplow on Posted in LEED
Between 365 and 988 million birds are killed annually by window collisions in the U.S. It is suggested that green building programs, like LEED, encourage using natural light to reduce energy use and encourage green views resulting in the use of more glass. And windows are no friends to birds as we all know from the popular Windex television ad.… Continue Reading

Congress Creates Tenant Star But Does Little Else

By Stuart Kaplow on Posted in Federal
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

Promoting Electric Vehicles as Environmental Policy or Corporate Welfare

By Stuart Kaplow on Posted in Sustainability
In addition to federal government incentives, a total of 37 states and Washington, D.C. have created incentives for plug-in electric vehicles. ... One key public policy question that had previously been little debated in Maryland, or elsewhere, is whether utility customers should pay for the investment in car charging stations. It is arguably corporate welfare at its worst ...… Continue Reading

International Green Construction Code Now Mandatory For All Building in Baltimore

By Stuart Kaplow on Posted in City
Last evening the Baltimore City Council adopted the International Green Construction Code 2012 as an overlay to the City's building, fire and related codes. .. As progressive as this bill is, it should not be lost that Baltimore is representative of a very limited number of jurisdictions mandating new construction and renovation of both private and public buildings must be green.… Continue Reading

You Can Participate in Updating the ICC 700 National Green Building Standard

By Stuart Kaplow on Posted in Codes and Regulations
With nearly 128 million residential housing units existed in the U.S., if green building is going to mitigate the negative impacts that human activity has on the planet, green building must include houses. And there are opportunities for you to participate in the development of the 2015 version of the ICC 700 National Green Building Standard.… Continue Reading

Do Not Sell the RECs and Claim the Building Uses Renewable Energy

By Stuart Kaplow on Posted in Federal
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

Model Sustainability and Green Building Initiatives for a More Verdant City and Town

By Stuart Kaplow on Posted in LEED, Local Government, Sustainability
A package of local government bills introduced on January 29th aim to ensure that Montgomery County, Maryland remains at the sustainability forefront. The legislation is a model for local government environmental and energy initiatives and we provide a link to each bill with the thought that these may inspire other cities and counties,… Continue Reading

If Green Building is Going to Save the Planet it Will Have to Include Green Roads

By Stuart Kaplow on Posted in LEED, Sustainability
There are 3,980,817 miles of roads in the United States. Roads are the largest built structures we come into contact with and yet they are so ubiquitous and familiar that they have become an impervious given, the dark matter of the motor vehicle cosmos. If green building is going to save the planet it will have to include green roads.… Continue Reading
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