Environmental Law

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18 06, 2017

You Need a Green Building Consultant (Who Speaks for the Trees)

June 18th, 2017|Environmental Law|

We are often asked “what is the best way to assure success in a green building project?” Whether that query is from a Fortune 1000 businesses or an architect, the answer is the same, have the owner engage an experienced green building consultant as early as possible in the project. Which often leads to a [...]

11 06, 2017

Attorney General’s End of Third Party Settlements is Good for the Environment

June 11th, 2017|Environmental Law|

Attorney General Jeff Sessions issued a memo on June 5, 2017 to all Department of Justice components and 94 U.S. Attorney’s Offices prohibiting them from entering into any agreement in settlement of federal claims or charges that directs or provides for a settlement payment to non-governmental, third parties that were not directly harmed by the [...]

4 06, 2017

Retailers Pay Millions for Hazardous Waste Violations

June 4th, 2017|Environmental Law|

Retailers across the nation are buttressing their trash disposal practices after Dollar General Stores and Big Lots Stores paid Millions of dollars to settle civil suits for environmental violations for the unlawful disposal of hazardous waste, including customer returned merchandise and batteries. Most businesses should have a solid waste management plan to provide staff with [...]

28 05, 2017

Solar Powered Advertisement is Deceptive

May 28th, 2017|Environmental Law|

A business installs photo voltaic panels on its roof to generate power, and advertises that it is “solar powered.” The business, however, sells the Renewable Energy Certificates (RECs) that are generated by the solar power. Even if the business is near net zero for electricity generated by the solar panels, according to guidance from the [...]

21 05, 2017

Selling a House with Solar Panels is Not for the Faint of Heart

May 21st, 2017|Environmental Law|

It can be difficult if not dangerous to fail to properly address rooftop solar panels at the time of sale of a house.

14 05, 2017

Is the 2018 IgCC Doomed to Fail?

May 14th, 2017|Environmental Law|

Last week the ICC and ASHRAE issued joint news releases on the status of the “unified green building code that could become the foundation for LEED certification” that will be published as the 2018 version of the International Green Construction Code. This blog regularly advances the postulate that green building is the ideal means of [...]

6 05, 2017

New Sustainable Projects Exhibit in 2017 AIA Contract Documents

May 6th, 2017|Environmental Law|

The new Sustainable Projects Exhibit is a potential game changer that could revitalize the now sluggish if not moribund domestic green building industrial complex, that suffers from the lack of regular involvement of the legal profession, and as I recently wrote the resultant, Less than 20% of Green Building Contracts Properly Drafted.

26 03, 2017

FITWEL may be the Future of Building Sustainability

March 26th, 2017|Environmental Law|

If LEED is going the way of the floppy disk, as is increasingly the consensus opinion, thought leaders in the environmental industrial complex commend that FITWEL may be the future of building sustainability.

19 03, 2017

The Opportunity for ENERGY STAR

March 19th, 2017|Environmental Law|

While much of the media hyperbole has focused on the Trump Administration’s 2018 Budget request of $5.7 Billion for the Environmental Protection Agency, a reduction of $2.6 billion, or 31%, from the 2017 level of funding, little attention has been paid to specific priorities including the resultant opportunities for green building. One of the key [...]

12 03, 2017

The First BREEAM USA Certification

March 12th, 2017|Environmental Law|

The Oaks, a 1.3 million square foot shopping mall located in Thousand Oaks, California, owned by Macerich is the first project achieve certification under the new BREEAM In-Use program for existing buildings. Macerich, a leading owner, operator and developer of major retail real estate with a portfolio of over 50 shopping malls, also earned the [...]