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Columbia Law School Center for Climate Change Law: Report Finds that Existing Technologies Could Reduce Greenhouse Gas Emissions From Buildings by 25% by 2050

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On May 16, 2011, the International Energy Agency (IEA) released a report that found that greenhouse gas emissions from residential, commercial and public buildings, which currently account for about one-third of total energy...

Columbia Law School Center for Climate Change Law: New York City Announces Program to Test Green Products in City-Owned Buildings

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In May 2011, New York City announced that it is accepting applications for the Municipal Entrepreneurial Testing System (METS) , a new program that will allow startup companies to test green products, such as smart meters and...

Columbia Law School Center for Climate Change Law: Global Agencies Launch Project to Promote Energy Efficient Buildings in East Africa

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In May 2011, the Global Environment Facility, in collaboration with two United Nation agencies (the U.N. Environment Program and the U.N. Human Settlements Program), announced a project to promote building energy efficiency...

Columbia Law School Center for Climate Change Law: Report Finds that Climate Change Could Affect Indoor Air Quality

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 7, 2011, the Institute of Medicine of the National Academies issued a report, Climate Change, the Indoor Environment, and Health , finding that climate change could affect indoor environments as outdoor conditions change...

Columbia Law School Center for Climate Change Law: New York Passes Innovative Financing Mechanism for Improving Building Energy Efficiency

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 22, 2011, the New York State Legislature passed The Power NY Act of 2011 (A. 8510/S. 5844) (PNY Act).[1] Governor Cuomo is expected to sign it. The new law, once enacted, would do two very important things: (1) provide...

Columbia Law School Center for Climate Change Law: Obama Administration Launches Better Buildings Challenge

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 30 th , the Department of Energy announced the Better Buildings Challenge , a public-private partnership that seeks to solicit large-scale commitments and provide financing and technical assistance for retrofitting...

Columbia Law School Center for Climate Change Law: Department of Energy Requires States to Review and Possibly Update Their Building Energy Codes

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP The Department of Energy recently published two final determinations that will require states to review and possibly update their residential and commercial building energy efficiency codes. Pursuant to a July 19 final determination...

Columbia Law School Center for Climate Change Law: Dept. of Energy and ASHRAE Sign Memorandum of Agreement to Develop Energy Efficiency Standards for Buildings

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On July 25, 2011, the Department of Energy (DOE) and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) announced that they had signed a memorandum of agreement stating that they will work...

Columbia Law School Center for Climate Change Law: DOE, ASHRAE Sign Agreement to Develop Energy Efficiency Standards for Buildings

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On July 25, 2011, the Department of Energy (DOE) and the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) announced that they had signed a memorandum of agreement stating that they will work...

Columbia Law School Center for Climate Change Law: Department of Energy Will Use Full-Fuel-Cycle Analysis When Determining Energy Conservation Standards for Appliances

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On August 18, 2011, the Department of Energy said in a policy statement (Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Statement of Policy for Adopting Full-Fuel-Cycle Analyses...

Columbia Law School Center for Climate Change Law: Court Refuses to Dismiss Lawsuit Concerning PACE Program in California

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP A federal court in California recently issued a decision, California ex rel. Harris v. Fed. Hous. Fin. Agency, 2011 U.S. Dist. LEXIS 96235 (N.D. Cal. Aug. 26, 2011) , partially denying a motion to dismiss in a case concerning...

California Court Refuses to Dismiss Lawsuit Over Property Assessed Clean Energy Program

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP A federal court in California recently issued a decision, California ex rel. Harris v. Fed. Hous. Fin. Agency, 2011 U.S. Dist. LEXIS 96235 (N.D. Cal. Aug. 26, 2011) , partially denying a motion to dismiss in a case concerning...

Property Assessed Clean Energy (PACE) Financing: Recent Controversy and Litigation

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP There is a continuing controversy over Property Assessed Clean Energy (PACE) financing, which provides loans for improving energy efficiency in buildings. Property Assessed Clean Energy (PACE) Financing has been challenged in...

Columbia Law School Center for Climate Change Law: President Directs Federal Agencies to Enter Into $2 Billion Worth of Energy Efficiency Contracts for Buildings

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On December 2, 2011, President Barack Obama directed federal agencies to enter into at least $2 billion worth of contracts over the next two years to improve government buildings' energy efficiency. According to a Presidential...

Columbia Law School Center for Climate Change Law: NYC Department of City Planning Introduces Zone Green

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP Zoning laws can sometimes make it more difficult for building owners to construct new green buildings or make existing ones more energy efficient. The New York City Department of City Planning has attempted to address this issue...

Columbia Law School Center for Climate Change Law: New York City Enacts Three More Recommendations From the Green Codes Task Force

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On December 27, 2011, New York City Mayor Michael Bloomberg signed into law three bills that enacted recommendations of the New York City Green Codes Task Force. The bills are aimed at carrying out long-term municipal plans...

Columbia Law School Center for Climate Change Law: Report Quantifies the Environmental Value of Building Reuse

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP Recently, the Preservation Green Lab of the National Trust for Historic Preservation issued a report that confirms the environmental benefit of building reuse. The report concludes, among other things, that it can take between...

Columbia Law School Center for Climate Change Law: Urban Green Council Releases Report Finding That Green Codes Task Force’s Recommendations Have Reduced Greenhouse Gas Emissions And Saved Energy

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On February 2, 2012, the Urban Green Council released a report finding that New York City is on track to meet its goal of lowering carbon emissions, energy consumption, and waste by following recommendations of the Green Codes...

Columbia Law School Center for Climate Change Law: Recent Report Quantifies the Market for Energy Efficiency Retrofits

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In March, The Rockefeller Foundation and DB Climate Change Advisors released a research paper entitled United States Building Energy Efficiency Retrofits: Market Sizing and Financing Models . Among other things, the report...

Recent Report Quantifies the Market for Energy Efficiency Retrofits

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In March, The Rockefeller Foundation and DB Climate Change Advisors released a research paper entitled United States Building Energy Efficiency Retrofits: Market Sizing and Financing Models . Among other things, the...

Columbia Law School Center for Climate Change Law: Industry Seeking to Block Implementation of Rule Making New Federal Buildings Fossil-Fuel Free by 2030

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP In 2007, President George Bush signed the Energy Independence and Security Act . Included in the Act is Section 433 , which requires that all new federal buildings (and major renovations of federal buildings costing at least ...

Columbia Law School Center for Climate Change Law: Ninth Circuit Affirms Decision Finding Washington State Building Energy Code Met Requirements for Obtaining Exemption Under Federal Law

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 25, 2012, the Ninth Circuit affirmed in Bldg. Indus. Ass'n v. Wash. State Bldg. Code Council a district court decision that found that an energy efficient building energy code adopted by the Washington Building Code...

Arnold & Porter: Hydraulic Fracturing – Legislative and Regulatory Materials and the Comprehensive Case Chart

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP Hydraulic fracturing (fracking), a process used by the oil and gas industry for more than 60 years, has attracted the national spotlight. By injecting fluids and other materials into existing wells, fracking extends oil and...

Arnold & Porter's Regulatory Chart and Case Chart Provide Monthly Updates On Hydraulic Fracturing

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP Hydraulic fracturing (fracking), a process used by the oil and gas industry for more than 60 years, has attracted the national spotlight. By injecting fluids and other materials into existing wells, fracking extends oil and natural...

Columbia Law School Center for Climate Change Law: PACE Update-Court Issues Decision Concerning Litigation Over FHFA’s Stance and Agency Issues Notice of Proposed Rulemaking

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP This blog has been following the controversy surrounding Property Assessed Clean Energy, more commonly referred to as PACE. Here's an update: Background In the last several years, several states and municipalities...