Pennsylvania is the first state to offer tax credits for low income Passive House building. ... the State of Pennsylvania may have singlehandedly moved Passive House from the radical fringe to mainstream green building.… Continue Reading
Dunkin' Donuts Green is an example of sustainability initiatives by an increasing number of U.S. companies. ... This law firm has worked with more than four score and seven organizations creating their own green building programs. And we regularly provide third party validation of green including "opinions of counsel" that specific projects are "certifiable" or otherwise in compliance with specific green building requirements.… Continue Reading
While hundreds of governments throughout the United States have adopted programs incentivizing green building, many tied to the LEED rating system, Arlington County, Virginia is the first to tie incentives specifically to the new LEED version 4.… 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
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
Election Day 2014 in which Republicans made big gains in Congress and statehouses across the country portends huge business opportunities for green building. As more conservative legislative bodies look to enact environmental and energy policies while driving up growth without enacting new mandates or imposing new taxes, enabling voluntary green building is positioned to be part of the new legislative agendas.… Continue Reading
LEED v4 Delayed, Again. The U.S. Green Building Council has announced that projects will still be able to register under the current LEED 2009 through October 31, 2016.… Continue Reading
The USGBC's annual Greenbuild Conference and Expo in New Orleans wrapped up last Friday and the question I am most asked is, "what was the highlight?"… Continue Reading
Many thought green building mandates would spread across the county. But today, with more than 89,000 local government across the U.S., there are less than 200 green building mandates that apply to 'purely' private building. Saint Paul has an alternative to LEED ..… Continue Reading
Greenbuild 2014 in New Orleans will be "the" target rich environment for green building people this year. And for those who will complain that this blog post is shameless promotion of USGBC, that might be true, but it is also correct that Greenbuild has been the number one source of new business for my green building law firm!… Continue Reading
2015 will be a year of great change in green building standards, rating systems and codes. Participating now in the development of the 2015 Enterprise Green Communities Criteria is an ideal way to prepare for what is to come.… Continue Reading
Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, it will have a chilling effect on green building and in particular on the selection of new or untried materials and products that are the keystone of many sustainable projects.… Continue Reading
A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. .. Do you know who owns the LEED documentation on the project you are working on?… Continue Reading
One might ask why they need an opinion from a lawyer that their building is green? The best response is because in many instances their lender requires it. While legal opinions are given in a variety of commercial contexts, they are increasingly being required as part of the due diligence by lenders when making loans secured by (i.e., a mortgage) a green building.… Continue Reading
This evening an ordinance will be introduced in the Baltimore City Council for the purpose of adopting the International Green Construction Code. Mandatory green building has been and remains the law in Baltimore City. This bill makes the flavor of green more palatable.… Continue Reading
Last Friday, Ohio Governor John Kasich signed Senate Bill 310 freezing the state's renewable energy portfolio and energy efficiency requirements at 2014 levels. It is likely best to not be an alarmist about Ohio's new law or to deny that it was passed overwhelmingly by the legislature after a hue and cry from the public, who recognized an unwise (expensive and degrowth) existing law (green or otherwise) when they saw it.… Continue Reading
The D.C. Circuit Court of Appeals has nullified the retail electric market Demand Response programs governed by the FERC, putting a chink in the armor of the new EPA carbon curbs.… Continue Reading
The Certification Challenge Policy is in place to protect the integrity of the LEED certification program. A challenge seeking to revoke LEED certification may be initiated by GBCI or any third party within 18 months of a project's certification ..… Continue Reading
As investors seek socially responsible investment options, green building bonds present a game changing opportunity for financing green building. Green building, which arguably offers higher value collateral and reduced risk, will be advantaged by bonds as a cheaper cost of capital all while saving the planet.… Continue Reading
This criminal case charging five Chinese military officers should be a wakeup call to all; not only have Alcoa, Westinghouse, and U.S Steel been damaged, but every U.S. business and homeowner with solar panels on a roof has been a victim of Chinese economic espionage.… Continue Reading
As a sustainability and green building attorney my personal favorite provision in the new LEED v4 Certification Agreement is the very first sentence that includes the warning, "YOU REPRESENT THAT YOU HAVE CONSULTED WITH AN ATTORNEY ABOUT YOUR RIGHTS AND OBLIGATIONS HEREUNDER". You may give me a call at any time.… Continue Reading
