§ 1.01 Introduction
[1] What Makes Buildings “Green?”
[2] Environmental Impact of Buildings
[3] Benefits of “Green” Buildings
§ 1.02 Green Building Practices
§ 1.03 Green Rating Systems
§ 1.04 Leadership in Energy and Environmental Design (LEED®)
[1] Background and Development of LEED
[2] LEED Rating Systems
[3] LEED Certification
[4] Criticisms of LEED
[5] Transactional LEED Considerations
[a] Introduction
[b] First Consideration—Which LEED Rating System Applies?
[c] Second Consideration—Which Version of LEED Applies?
[d] Third Consideration—What Is the Rating Goal Within the Particular Rating System?
[e] Fourth Consideration—Long-Term Compliance
§ 1.05 Federal Government Initiatives
[1] Overview
[2] EPA’s Energy Star® Program
[3] Energy Policy Act of 1992
[4] Executive Order 13123
[5] Energy Policy Act of 2005
[6] Sustainable Buildings Memorandum of Understanding (MOU)
[7] Executive Order 13423
[8] Energy Independence and Security Act of 2007
§ 1.06 State Initiatives
[1] Introduction
[2] Publicly Owned or Financed Buildings
[a] Aspirational Legislation
[b] Laws and Initiatives Mandating Implementation of Green Building Standards
[3] Privately-Owned or Financed Buildings
[a] Aspirational Legislation
[b] Legislation Mandating Implementation of Green Building Standards
[4] Legislation Affecting Both the Public and Private Sectors
[5] Green Building Tax Incentives
[6] State Energy Codes
§ 1.07 Local Initiatives
[1] Introduction
[2] Municipal Laws and Regulations Regarding Public Buildings
[3] Municipal Laws and Regulations Regarding Private Buildings
[4] Municipal Laws Affecting Both Public and Private Buildings
§ 1.08 Non-Governmental Initiatives
§ 1.09 Common Legal Issues Involved in Green Construction
[1] Background
[2] “Green” Certification
[3] Liability for Design Professionals
[4] Selection of Design Professionals
[5] Accurate Survey of Existing State and Local Green Building Legislation
[6] Incorporating Green Elements into Construction Adds Additional Layer of Complexity
[7] Warranty and Guaranty Language
[8] Negotiating Agreements
[9] Performance Contracts
§ 1.10 Bibliography
[1] Books
[2] Articles
§ 1.11 Internet Directory
Newman, James L.
James L. Newman, Managing Partner of Newman Consulting Group, LLC, is a Certified Energy Manager (CEM), a Certified Sustainable Development Professional (CSDP) and a LEED¿ (Leadership in Energy and Environmental Design) Accredited Professional. He has been active in the HVAC field for more than 30 years, and is an involved member of many engineering and business organizations, including the Engineering Society of Detroit (ESD), where he is on the Construction and Design Committee, Chair of the Council of Affiliate Organizations and a member of the Speakers Bureau. He is ESD¿s spokesperson on energy and environmental issues.
Mr. Newman co-chaired ASHRAE¿s (American Society of Heating, Refrigerating and Air Conditioning Engineers) Technical Committee on Industrial Air Conditioning for four years. During that time, he was responsible for the updating and revisions to 10 chapters in the ASHRAE Applications Handbook. He is a member of ASHRAE¿s Technical Committee on Air-to-Air Energy Recovery and is a trainer for the ANSI/ASHRAE/IESNA Energy Standard 90.1, which is a part of the Building Codes of most states. He is also a member of ASHRAE¿s Energy Position Document Committee, which developed the new policy on energy for ASHRAE to recommend as national public policy in 2008 and for ASHRAE¿s commitment to this policy.
Mr. Newman is a past Board member of the Detroit Regional Chapter of the USGBC (U.S. Green Building Council) and is Co-Chair of the Public Policy committee, which promotes ¿Green¿ building initiatives among municipalities and legislatures. He is also a member of the Energy and Environment Committee of BOMA International (Building Owners and Managers Association), and is a judge for the TOBY Award (The Office Building of the Year). In these capacities, he conducts seminars on Indoor Environmental Quality and Legal Liability, Energy Conservation, Sustainable Design and related subjects to both technical and non-technical groups throughout the world. Mr. Newman also conducts training classes on passing the LEED exam to become a LEED Accredited Professional.
Along with being a frequent guest on educational radio and television programs, Mr. Newman has had articles published in local and national journals. He writes monthly columns for the local ASHRAE Newsletter on LEED Design, and is writing a reference book on Fans and Systems. He is a visiting lecturer on these and other HVAC and Sustainable topics at many local colleges and universities.
Mr. Newman received a BSME from Tufts University in Boston, MA, and continued his education for an MBA degree at University of Detroit and Wayne State University in Detroit, MI. His firm, Newman Consulting Group (NCG), is an EPA Energy Star¿ Partner and a Rebuild Michigan¿ Partner. The Group assists architects, engineers, building owners and contractors throughout the world to design and construct more energy-efficient and sustainable buildings to LEED Guidelines. NCG also assists building owners in the U.S. to receive the tax deduction benefits of the Energy Policy Act of 2005 (EPAct 2005) and provides energy audits and design assistance to the Department of Defense in the U.S. and Europe.
Howe, J. Cullen
J. Cullen Howe is an attorney licensed in New York and is employed as an environmental specialist at Arnold & Porter LLP. From 2000-2007, he practiced commercial litigation and employment law at two Manhattan law firms. He received his J.D. and a master¿s degree in environmental law from Vermont Law School in 1999. He received his B.A. from DePauw University in 1995.
Bennett, Mark J.
Mark J. Bennett coordinates Miller Canfield¿s inter-disciplinary Climate Change initiative as senior counsel focusing on sustainable development, green building, LEED certification, renewable energy and carbon finance matters. Additionally he counsels clients in the areas of real estate development and finance, environmental risk management, environmental due diligence, government incentives and corporate formation.
Mr. Bennett is a member of the American Bar Association (Environment, Energy and Resources Section; Real Property, Probate, and Trust Law Section; State and Local Government Law Section), the State Bar of Michigan (Real Property Law Section; Environmental Law Section), the International Council of Shopping Centers (ICSC), and the Information Industry Association where he received the Chairman¿s Award in 1996 and the Product Achievement Award in 1991.
Mr. Bennett has written several publications relating to climate change, property valuation, environmental risk, and environmental due diligence. He is a frequent lecturer on climate change, environmental and real estate topics.
He received his law degree from Wayne State University Law School. In 1985 he earned a B.A., with honors, from Michigan State University, majoring in Economics. While there he was a member of Phi Beta Kappa.
Mr. Bennett can be reached at 248-267-3269 or bennettm@millercanfield.com
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