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SEC Chair Tweets about Upcoming ESG Regulation

Green Building Law Update

Securities and Exchange Commission Chair Gary Gensler Tweeted about the future of ESG regulation. You do not need to be a futurist to know that SEC regulation of ESG is coming although precisely when has been unclear, however, it is now apparent that the SEC will release a proposal at its March 21 Open Meeting. Last week U.S.

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What You Can Say about RECs is Regulated by the FTC

Green Building Law Update

The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes more prevalent, increasingly businesses are making claims about their green energy. Among the relevant language in the Green Guides is, ยง260.15 That express language is clear.

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State Not County has Authority to Regulate Solar Farms

Green Building Law Update

At a time when solar panels are de riguere a recent decision by a Maryland appellate court limiting the authority of local governments to regulate the location and specifics of construction of a solar farm has broad implications far beyond this case. Perennial Solar, LLC , No.

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Green Building Codes Not Eligible for Copyright Protection

Green Building Law Update

Ruling that โ€œthe law,โ€ whether by statute, ordinance, regulations, or code, and even when its source is a judicial opinion, is not subject to federal copyright law, has broad implications, particularly for green building. Green Building Council indisputably holds a copyright in its LEED rating systems. See 17 U.S.C. ยง

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Denver Voters Petition Green Roof Mandate to the Ballot

Green Building Law Update

The Denver Elections Commission has announced that the Denver Green Roof Initiative, a mandatory green roof ballot initiative will appear on the November 7 ballot. Exempted buildings must pay a cash in lieu of construction of a green roof for the reduced or exempted area at $25 per square foot.

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FERC Decision Puts State Renewable Portfolio Standards At Risk

Green Building Law Update

In a decision that critics have called โ€œunprecedentedโ€ the Federal Energy Regulatory Commission on December 19, 2019 issued an Order Establishing Just And Reasonable Rate โ€œto protect the competitive capacity market administered by PJM Interconnection, L.L.C.โ€ state renewable portfolio standards) the loser.

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Green Building Data Risk as an Opportunity

Green Building Law Update

Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowdenโ€™s disclosures, foreign state sponsored hacking, and Uberโ€™s massive customer data hack, most people have not considered matters of data protection from their real estate, green building or otherwise. Others collect building data.

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