Green Building Law Update

New Lead (Pb) in Soil Standard Now Effective in Maryland

Green Building Law Update

The EPA has described lead as the number one environmental public health hazard in the U.S. And despite that the CDC has in the past identified childhood lead poisoning prevention since 1971 as 1 of 10 great U.S.

New Maryland Real Estate Laws from the 2020 Legislative Session

Green Building Law Update

The 71 day session of the Maryland General Assembly was for the first time since the Civil War cut short from the prescribed 90 days (. of note, the legislature has met for 90 days since the predecessor, appointed not elected, General Assembly of Maryland was first called together in 1635 in St.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

A Force Majeure Decision during the COVID-19 Pandemic

Green Building Law Update

There has been much speculation and supposition about the interplay of force majeure provisions in leases and other contracts in response to government orders closing businesses during the coronavirus disease 2019 (COVID-19) pandemic, but now there is an authoritative court decision that may provide persuasive authority.

LEED can Help Mitigate Legal Risks in ESG Disclosures

Green Building Law Update

Public companies in the U.S. find themselves at a dynamic time of emergent environmental, social and governance (“ESG”) disclosures. Vocal socially conscious investors, activist stockholder environmental proxy proposals, and the like are driving companies to make ESG statements.

Legal 222

Why Smoking Costs Employers More Than They Realize

Your employees are smoking, and at a cost of $7,000 per year for each employee who smokes, that adds up - fast! This free report will show you how an effective cessation program pays for itself.

New BREEAM In Use Version in a Changing World

Green Building Law Update

Last week BRE Global announced that the “BREEAM USA In-Use Version 6 for Commercial and Residential” green building rating system has launched.

ICSC 181

COVID 19 Commercial Building Liability

Green Building Law Update

With all 50 states now in some stage of reopening from coronavirus pandemic closures, many commercial real estate owners are questioning if they can be liable for damages when someone, whether an employee of the business tenant or someone else, claims to have contracted COVID-19 at their building.

Low Carbon Concrete for the First Time Required by Law

Green Building Law Update

The negative environmental impact of concrete, the most common man made substance on Earth, has not been meaningfully responded to in 2020. Cement use in concrete is the largest single material source of greenhouse gas emissions in building.

Two New LEED Pilot Credits Respond to COVID-19

Green Building Law Update

America is reopening including physically opening its buildings and the U.S. Green Building Council has announced that LEED will play a role in confronting risk in the post coronavirus pandemic era.

179D Tax Deduction Allocated from Government Buildings

Green Building Law Update

On December 20, 2019, the President signed legislation reviving the Section 179D energy efficient commercial building tax deduction and while much has been written about the much needed boost to green building, little has been said about the enormous benefits available from government owned buildings.

IRS 195

You Can't Improve Construction Safety from Inside a Filing Cabinet

How mobile technology can mitigate risk, save money, and provide a competitive advantage.

Net Zero Certification Program Announced by USGBC

Green Building Law Update

Much as NASA developed dozens of life changing and useful inventions that benefitted all as it raced to the moon, USGBC may be the catalyst for new, cutting edge technologies in the race to net zero buildings.

Maryland is First State to Legislate Permitted Use of PFAS

Green Building Law Update

Prior to the just concluded session of the Maryland legislature, the State’s laws and regulations were silent with regard to PFAS chemicals including PFOA.

Maryland Schools will No Longer be LEED Certified

Green Building Law Update

In response to legislation enacted by the Maryland General Assembly in 2018, overriding a veto by the Governor, commencing last week new public school building no longer has to be LEED certified or the like.

The New and Improved 2020 ICC 700 National Green Building Standard

Green Building Law Update

The 2020 version of the ICC 700 National Green Building Standard (NGBS) is now available for free download and public use. You care about this because the NGBS is the most used green building standard in the United States.

Green 156

When Trees Sue for their Own Environmental Preservation

Green Building Law Update

In the new decade American environmental law will likely expand to include you being sued by the trees. I don’t mean being sued by the Lorax or someone else who “speaks for the trees” but rather the trees will have standing to sue to confront environmental degradation and the like.

Supreme Court Permits State Law Claims Against Superfund Property

Green Building Law Update

In an instructive environmental law decision last week, the U.S.

Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The 440th session of the Maryland General Assembly commenced on January 8, 2020. The 90 day session was, for the first time since the Civil War cut short, ending three weeks early (. of note, the predecessor, appointed not elected, General Assembly of Maryland was first called together in 1635 in St.

Maryland Enacts New Environmental Laws in 2020

Green Building Law Update

The 440th session of the Maryland General Assembly commenced on January 8, 2020. The 90 day session was, for the first time since the Civil War cut short, ending three weeks early (. of note, the predecessor, appointed not elected, General Assembly of Maryland was first called together in 1635 in St.

LEED Prerequisite Now Prohibits Smoking Cannabis

Green Building Law Update

The U.S. Green Building Council issued a LEED Interpretation in 2018 ruling, “smoking of cannabis is considered a form of smoking for the purposes of both the interior and exterior smoking provisions of the LEED Prerequisite Environmental Tobacco Smoke Control.”.

Understand How EPA Does Not Expect to Seek Penalties during COVID-19 Pandemic

Green Building Law Update

The U.S. Environmental Protection Agency announced last Thursday retroactively beginning March 13, 2020, a temporary policy regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic.

Legal 156

Is There Lead in the Drinking Water of Your Green School?

Green Building Law Update

EPA and the Centers for Disease Control and Prevention agree that there is no known safe level of lead in a child’s blood. Lead is harmful to health, especially for children.

Green 251

Migratory Bird Treaty Act Will Apply Only to Intentional Takes

Green Building Law Update

Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act.

Injury 156

FERC Decision Puts State Renewable Portfolio Standards At Risk

Green Building Law Update

In the ongoing conflagration between “reliable power” and “clean energy” many may have missed when last month federal energy policy declared reliability the winner with renewable energy subsidies (e.g., state renewable portfolio standards) the loser.

Risk 156

Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

Maryland Reverting to Certifiable In Lieu of Certified Green Building

Green Building Law Update

In response to an act of the Maryland legislature in 2018, the state is proposing a watershed revamp of its current mandatory green building requirements for new public school buildings. The public is being invited to comment on the proposal.

Top 10 Environmental Blog Posts for the Roaring ‘20s

Green Building Law Update

As we begin the new decade of the Roaring ‘20s we are incredibly excited about the prospects for environmental law. We are supremely confident that our business philosophy of “environmental risk as an opportunity” remains right for the times.

Government to Allow Less Lead in Drinking Water

Green Building Law Update

EPA is expected to publish this week in the Federal Register the first proposed regulatory revisions to the National Primary Drinking Water Regulation for lead in more than 30 years. The United States has made tremendous progress in lowering children’s blood lead levels (.

25 HR Compliance Terms to Know for 2018

Green Building Law Update

In addition to the holiday parties and secret santa gift exchanges, the end of the year also brings organizational compliance processes as your HR department gets ready to wrap things up. If you’re not an expert in this area, or even if you are, there’s never a bad time for a terminology brush-up.

179D Tax Deduction Brought Back to Life thru 2020

Green Building Law Update

This past Friday night while aboard Air Force One the President signed legislation reviving the 179D energy efficient commercial buildings tax deduction, providing an enormous and much needed boost to domestic green building.

IRS 156

2018 IgCC is Not in Use Anywhere. A Detailed Analysis of Why?

Green Building Law Update

The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere.

St. Petersburg is Bold in Mandating Envision

Green Building Law Update

The City of St. Petersburg, Florida passed a progressive ordinance last week mandating that City infrastructure projects and newly constructed and renovated City building be third party certified as green. The new Ordinance 359-H, passed by the St.

Greenbuild – The Target Rich Environment for Green People

Green Building Law Update

I am often asked, “how can I expand my green building business?” And I have offered the same response for more than a decade – attend the Greenbuild International Conference and Expo (. yes, you will have to talk with people while you are there).

Greenbuild was Proof Positive that LEED is Thriving

Green Building Law Update

The just completed 2019 Greenbuild International Conference and Expo in Atlanta is absolute proof that the LEED green building rating system, with more than 100,000 projects registered and certified, is thriving.

LEED Commercial Interiors can Save the Planet

Green Building Law Update

By Katie Stanford and Stuart Kaplow. LEED Commercial Interiors projects present the best single opportunity for greening buildings. The proof is in the numbers. There are more than 5.6 million existing commercial buildings in the United States today. And despite the wildly successful U.S.

Nurdles are the Environmental Calamity of 2019

Green Building Law Update

A year ago, I thought a nurdle was a cricket term for a score by deflecting the ball rather than striking it. But in the last twelve months I learned that a nurdle is also a term for a small, lentil size, pellet of plastic that serves as raw material in the manufacture of plastic products.

PFOA Contamination is Found in 49 States

Green Building Law Update

What You Can Say about RECs is Regulated by the FTC

Green Building Law Update

Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive.

An HREC is Not a REC in a Phase I Environmental Site Assessment

Green Building Law Update

I review a large number of Phase I environmental site assessments, and year in, year out, the largest number of questions I field are about Historical Recognized Environmental Conditions.

EPA Rolls Back Proposed “Waters of the United States” Definition

Green Building Law Update

Last Thursday the EPA and Department of the Army announced that the agencies are repealing a 2015 rule that had proposed to expand the definition of “waters of the United States” under the Clean Water Act.