Tag Archives: Kaplow

HREC in a Phase l is Not a Recognized Environmental Condition

Among the most misunderstood term in a Phase I environmental site assessment is the Historical Recognized Environmental Condition. The environmental professionals who perform these assessments by and large do not take heed of Eduardo Galeano’s quote, “History never really says goodbye. History says, ‘see you later.’” By way of background, a Phase I environmental site … Continue Reading

New Green Building Tax Credit is a Progressive Effort

At a time when the building industry is principally concerned with the impact of COVID-19 and the luster is off green building, the Montgomery County Council last Tuesday unanimously approved legislation “to accelerate the construction of highly energy efficient buildings and green retrofitting of existing buildings.” Bill 10-20 dramatically upgrades the Maryland county’s existing green … Continue Reading

Maryland becomes First State to Ban Polystyrene this Thursday

During the 2019 legislative session, the Maryland General Assembly enacted what will be the first statewide ban of expanded polystyrene foam. In the Spring of 2019 law makers did not foresee a pandemic that would shift restaurant dining (not to mention school meals and much more) to carry out in transportable food containers, but today … Continue Reading

Court Adopts New Evidentiary Standard for Science

In 2020 when science and politics appear to have collided in a car wreck, confidence of the public in scientists is at an all time low. That observed, the public does not often think about the role courts have in accepting scientific theories. Last week Maryland’s highest court drew attention to this vital unsettled matter … Continue Reading

I Just Read my 1000th Phase I Environmental Site Assessment this Year

For those concerned about the state of the environmental industrial complex during the coronavirus disease 2019 pandemic, I can report that last Friday I reviewed my 1,000th Phase I Environmental Site Assessment this year. In context, last year I did not hit that 1,000 mark until late September, and while it is an unscientific indicator, … Continue Reading

2018 IgCC Poised to be Adopted for the First Time

Montgomery County, Maryland is on the cusp of being the first to adopt the 2018 International Green Construction Code. The proposed Executive Regulation 12-20 appeared in the Montgomery County Register on August 1. A public hearing will be held on proposed regulation on September 3. And written comments may be submitted until October 5. Montgomery … Continue Reading

More Than Green Buildings, Green Roads

If green building is going to repair the planet it will have to include green roads. Over 65% of the impervious surfaces in the U.S. are related to transportation (e.g., roads, parking lots, sidewalks, and driveways), with the vast majority being roads. There are 4,180,817 miles of roads in the U.S. Roads are the largest … Continue Reading

EPA Proposes First Greenhouse Gas Emissions Limits for Aircraft

Last Wednesday the Environmental Protection Agency proposed greenhouse gas emissions standards for airplanes used in commercial aviation and large business jets. “This standard is the first time the U.S. has ever proposed regulating greenhouse gas emissions from aircraft,” according to EPA Administrator Andrew Wheeler. And as much as I have railed against more and regressive environmental … Continue Reading

A Force Majeure Decision during the COVID-19 Pandemic

There has been much speculation and supposition about the interplay of force majeure provisions in leases and other contracts in response to government orders closing businesses during the coronavirus disease 2019 (COVID-19) pandemic, but now there is an authoritative court decision that may provide persuasive authority. In a motion in a Bankruptcy case the landlord … Continue Reading

New BREEAM In Use Version in a Changing World

Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched. In addition to improvements to the prior commercial building rating system BREEAM In-Use now includes residential for the first time (accepting that existing multi-family building is a very much underserved sector). An update … Continue Reading
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