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Tenant’s New Defense to Hazardous Substance Liability

Green Building Law Update

The potential applicability of the BFPP protection for a tenant who leases contaminated or formerly contaminated real estate and improvements has been the subject of debate for the decades since the CERCLA’s enactment. Phase l ESAs will now become much more common in commercial and industrial leasing.

Liability 149
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Not April Fool's: Defense Department to Adopt Green Code and LEED

Green Building Law Update

In last week's post, I stated that the Army was abandoning LEED certification in lieu of a green building code based on ASHRAE 189.1. But it is now clear to me that I misinterpreted the testimony of Dr. Dorothy Robyn, Deputy Under Secretary of Defense. This new code, based heavily on ASHRAE 189.1, What makes more sense?

Defense 120
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Phase l Assessments for Tenants are the Hottest Environmental Issue in 2020

Green Building Law Update

The potential applicability of the BFPP protection to a tenant who leases contaminated or formerly contaminated real estate has been the subject of debate for the decades since the CERCLA’s enactment. economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. . § 9601 et seq.,

Liability 156
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I Just Read my 1000th Phase I Environmental Site Assessment this Year

Green Building Law Update

The potential applicability of the BFPP protection to a tenant who leases contaminated or formerly contaminated real estate has been the subject of debate for the decades since the CERCLA’s enactment. economy, when in any given year the vast majority of real estate transactions are leases and not contracts of sale. . § 9601 et seq.,

Site 156
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Could Solyndra Happen To Green Building Policy?

Green Building Law Update

As I started thinking about the broader implications of the Solyndra collapse, I could not help but draw parallels to a similar federally-funded green project that has not panned out as expected: Destiny USA. " To support the project, the developer applied for a $2 billion Green Bonds program that Congress passed in 2004.

Green 120
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Tenants Order Phase l to Avoid Hazardous Substance Liability

Green Building Law Update

The potential applicability of the BFPP protection to a tenant who leases contaminated or formerly contaminated real estate and improvements has been the subject of debate for the decades since the CERCLA’s enactment. Phase l ESAs are now becoming much more common in commercial and industrial leasing.

Liability 120
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Army Abandons LEED Certification

Green Building Law Update

Correction: It is now clear to me that I misinterpreted the testimony of Dr. Dorothy Robyn, Deputy Under Secretary of Defense. Instead, the Department of Defense is going to simultaneously require compliance with its green building code and with LEED certification. Read more here: Defense Department to Adopt Green Code and LEED.