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...

International Green Construction Code: Jumping the Gun and Veering off Track?

By Vicki R. Harding, Partner, Pepper Hamilton LLP As noted in a prior post , the final International Green Construction Code (IGCC) has been approved and is scheduled for publication in March 2012. The IGCC was developed by the International Code Council (ICC) - which issues model codes that are...

“Green” Expectations. . . or Just Expectations (“green” is not a specification; it’s a paint color)

I was having a discussion regarding "green" building with my friend and recent guest poster here at Musings , Nick Pacella (@ nmpacella ) this past week and (as often happens when I chat with the great folks in the construction world) it got me to thinking. Is "Green" its own separate...

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 ...

State Net Capitol Journal Legislative Updates: Ohio and California Legislatures Approve Measures for Regulation of Shale Gas Fracking

ENERGY: The OHIO House and Senate approve SB 315, which requires greater disclosure of chemicals used in the hydraulic fracturing, or fracking, process to extract natural gas from underground shale deposits. The measure also requires water sampling within 1,500 feet of proposed water wells, mandates...

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...

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...

Capital Review Group: Are You Ready to Take Advantage of the New Green Tax Incentives?

INTRODUCTION The Energy Policy Act of 2005 includes a tax deduction for investments in "energy-efficient commercial building property" designed to significantly reduce the heating, cooling, water heating, and interior lighting energy cost of new or existing commercial buildings. This energy...

Tall and Sustainable Is Not an Easy Fix

Way back in 2009, I discussed the interaction between taller and taller buildings and sustainable ("green") building . Back then, the reference was to the construction of skyscrapers in the Middle East and Europe. The initially referenced ENR article was written in the context of an urban retrofit...

Tall and Sustainable Is Not an Easy Fix

Way back in 2009, I discussed the interaction between taller and taller buildings and sustainable ("green") building . Back then, the reference was to the construction of skyscrapers in the Middle East and Europe. The initially referenced ENR article was written in the context of an urban retrofit...

In the World of Green Patents, Does Chaos Equal Opportunity?

by: The Real Law Editorial Team Few industries present as much promise as green technology. And few industries are in such need of legal help. As a result, making green products or generating energy in more efficient and environmentally friendly ways is a mix of opportunity and confusion that any...

Sustainability Trends in the Real Estate Sector: Market Forces at Work

A recently published PwC review identifies a number of business factors that are heightening attention to sustainability in the real estate sector. Among the key drivers are: • An increasing frequency in inquiries from investors such as APG Investment, CalPERS, and CalSRS, demanding real estate...

The World Green Building Council Makes “The Business Case for Green Building”

Is green building a wise business decision? That is the fundamental question the World Green Building Council’s report, “ The Business Case For Green Building ,” attempts to address. The report compiles actual cost and benefit data from peer-reviewed publications and includes numerous...

The Future of Building Codes & “Green” Building Programs

For this week’s Guest Post Friday here at Construction Law Musings, we would like to welcome back Sean Lintow Sr. (@ The_HTRC ) of SLS Construction & Building Solutions . Sean has over 20 years in the construction and project management fields and is now solely specializing in helping other...

GSA Speaks: Green Options Expand and The Fate of LEED v4 Deferred to Another Day

Under the Energy Independence and Security Act of 2007 (EISA), GSA is required to evaluate green building certification systems for use by federal agencies every five years. Recently, the U.S. General Service Administration (GSA) completed its current review and provided updated recommendations to the...

LEED Silver Requirement To Be Introduced in Montgomery County

By Erica A. Leatham and Raquel D. Montenegro Montgomery County Councilmember Roger Berliner will introduce 13 legislative initiatives to increase the County's commitment, in the public and private sector, to reducing greenhouse gas emissions by 80 percent by 2050. These initiatives are expected...

More Thoughts on “Green” (the Practice, not the Color) Building

It has been a while since I “mused” on the green building landscape. While I am a LEED AP and have presented on green (read “sustainable”) building in the past, I am not totally sold on LEED as the be all end all in sustainable construction (the USGBC is a private rating organization...

DC Considers Net Zero Building Report

By E. Lynn Grayson . The District of Columbia (DC) is one of the greenest areas with a number of requirements in place for energy conservation and greener new construction. A new report shows that DC is considering even more aggressive green initiatives than those already on the books. According...

Even with LEED, Clear Specifications and Proper Documentation are Necessary

A recent lawsuit filed in California over the proper documentation necessary for LEED certification ( discussed in detail at the Green Building Law Update ) emphasizes the fact that, no matter how detailed the LEED certification process seems to be, a mere reference to that process or a certain level...

Development in CBF Green Building Case in Maryland

Remember that case I discussed a while back relating to the Chesapeake Bay Foundation (CBF) building in Annapolis, Maryland? Remember how it was a lawsuit over parallams and failure of those parallams? Do you even remember what a parallam is ? Well, that case was initially dismissed upon the Defendant’s...

Did the 4th Circuit “Tarnish” Sustainable Construction in the CBF Case?

Recently, the 4th Circuit Court of Appeals reversed and remanded the Chesapeake Bay Foundation’s “parallam” lawsuit, [ enhanced version available to lexis.com subscribers ]. Since that unpublished ruling on procedural grounds, much discussion has ensued. One particularly interesting...