Tag Archives: law

Litigation over First LEED Platinum Building Comes to an End

By Stuart Kaplow on August 8, 2015 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 July 26, 2015 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

The First Green Building Litigation. The Rest of the Story.

By Stuart Kaplow on July 19, 2015 Posted in LEED

It was widely reported that the first green building litigation in the country was the 2007 trial court case of Southern Builders, Inc. v. Shaw Development, LLC, .. In the spirit of Paul Harvey's "The Rest of the Story" radio program, last week I telephoned Jim Shaw, of Shaw Development, to follow up, ..… Continue Reading

Lawyers’ Opinion Matters in Green Building Transactions

By Stuart Kaplow on July 12, 2015 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 July 5, 2015 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 April 26, 2015 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 April 11, 2015 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

ICC 700 Authorized by National Defense Authorization Act for 2015

By Stuart Kaplow on December 14, 2014 Posted in Federal, LEED

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

2015 IgCC Has Been Approved

By Stuart Kaplow on November 28, 2014 Posted in Codes and Regulations, LEED

The 2015 version of the International Green Construction Code (IgCC) has been approved.… Continue Reading

International Green Construction Code Now Mandatory For All Building in Baltimore

By Stuart Kaplow on November 17, 2014 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

FTC Warns 15 Businesses that their Biodegradable Claims May be Deceptive

By Stuart Kaplow on November 3, 2014 Posted in Federal

The Federal Trade Commission sent letters to 15 businesses last month warning that their biodegradable claims may be deceptive. The FTC has since the 2012 release of the updated Green Guides stepped up enforcement of environment claims from the use of renewable energy to VOCs in coatings, and more.… Continue Reading

Enterprise Green Communities Criteria Being Updated

By Stuart Kaplow on August 10, 2014 Posted in Codes and Regulations, LEED

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

Green Building Law is coming…

By Chris Cheatham on August 13, 2008 Posted in Green Building Introduction

During a recent Green Building Institute Webinar, I had the pleasure of hearing Dan Murphy, Senior Vice President of Environmental Systems Design, speak about potential liability resulting from green building projects. Dan poignantly stated what I have been thinking for awhile: "There has been no significant green building litigation, yet. I emphasize the word … Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business