LexisNexis® Legal Newsroom
Columbia Law School Center for Climate Change Law: Senator Carper Introduces Bill Designed to Improve Energy Efficiency in Federal Buildings

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On May 11, U.S. Senator Tom Carper (D-Del.) introduced a wide-ranging bill setting energy efficiency standards for new federal buildings and requiring federal agencies to make publicly available energy use reductions. Among...

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...

LexisNexis® Environmental Law and Climate Change Community Podcast: Marc Karell on 9 Purely Business Reasons to "Green" Your Company

On this edition, Marc Karell, founder and principal of Climate Change & Environmental Services, discusses some purely business reasons for companies to "go green." Mr. Karell discusses strategies ranging from energy efficiency to the development and branding of green products to corporate...

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...

Recent Trends, Current Uses, Legal Issues and New Business Opportunities with the ASTM Building Energy Performance Assessment (BEPA) Standard

By Mark Bennett, Leanne Tobias and David Freeman, Attorneys at Law ASTM's 2011 Building Energy Performance Assessment standard (BEPA) is a landmark development for the measurement of energy performance in commercial buildings. In this article, Mark J. Bennett, Leanne Tobias and David J. Freeman...

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...

LexisNexis® Environmental Law and Climate Change Community Podcast: Mark Bennett, Leanne Tobias and David Freeman on ASTM's Building Energy Performance Assessment Standard.

On this edition, Mark Bennett of Miller Canfield, Leanne Tobias of Malachite LLC and David Freeman of Paul Hastings LLC discuss ASTM's Building Energy Performance Assessment Standard (BEPA). They provide an overview of the standard, review how it affects the interest of real estate owners to undertake...

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: 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...

Gifford v. USGBC - Dismissed (But Not on the Merits)

By J. Wylie Donald, Partner, McCarter & English One of the more infuriating things about lawyers is that often, if they do their job right, their client wins and no one else benefits from it. This is what happened on August 15 before Judge Sand in the Southern District of New York in the closely...

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...

EPA Launches Green Products Web Portal for Pollution Prevention Week

WASHINGTON - The U.S. Environmental Protection Agency (EPA) is observing Pollution Prevention (P2) Week (September 19-25, 2011) by launching a new tool designed to provide Americans easy access to information about everyday products like home appliances, electronics and cleaning products that can save...

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: New Study Calls into Question the Offsetting Potential of White Roofs

By Adam Riedel U.S. Energy Secretary Dr. Steven Chu has consistently touted the benefits of white or reflective roofs and "cool pavements" (white or lightly colored pavements) in combating climate change, and has even mandated that all new roofs on Energy Department buildings be either...

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: 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...

U.S. Energy Information Administration Monthly Reports

The U.S. Energy Information Administration released its most recent "Monthly Energy Review" on March 28, 2012. The Monthly Energy Review is the U.S. Energy Information Administration's primary report of recent and historical energy statistics. Included are statistics on total energy production...

Photoelectric Cells to Dye For - Solar Power From Indoor Lights

Is it possible to efficiently harness the often dim and indirect light found inside a room (e.g., from incandescent bulbs, fluorescent tubes, compact fluorescent bulbs, and light emitting diodes). The answer would now appear to be "yes." A Walsh firm claims to have taken the efficiency of...

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...

Marten Law: EPA Finalizes Hazardous Air Emission Rules for Boilers and Process Heaters Affecting 90,000 Facilities

By Svend Brandt-Erichsen, Partner, Marten Law PLLC In this Emerging Issues Analysis, Svend Brandt-Erichsen of Marten Law PLLC discusses EPA's new standards for hazardous air emissions from boilers and process heaters, commonly referred to as "Boiler MACT." Many industrial facilities...

A Cheap Reliable Way to Reduce Energy Costs

By Marc Karell, P.E., CEM, EBCP Climate Change & Environmental Services, LLC There is a methodology to reliably and inexpensively reduce energy costs. What is this? Retrocommissioning , the process of reviewing the operations of the existing energy systems of your buildings and optimizing them...

CAA Settlement Requires Violator to Invest in Improving Energy Efficiency of Other Buildings

By Marc Karell, P.E., CEM, Climate Change & Environmental Services, LLC In September of 2013, HA Industries of Oregon, IL, a manufacturer of coatings and resin-coated sands, settled charges that it violated the Clean Air Act. No big deal here. This happens all the time. Like many such settlements...