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Phase l Environmental Site Assessment Standard Being Revised

Green Building Law Update

Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. Task Group, after more than a year of work, has balloted a draft revised standard and results are expected as early as next week. 9601) and petroleum products.” The ASTM E50.02

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HRECs in a Phase l are Not Recognized Environmental Conditions

Green Building Law Update

By way of background, a Phase I environmental site assessment is the process of evaluating a property’s environmental conditions and assessing potential liability for contamination. History says, ‘see you later.’”. And in another blog post last month, I wrote, I Just Read my 1000 th Phase I Environmental Site Assessment this Year.

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Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

SmithGroup’s ‘green’ design called for exposed structural wood members outside the envelope of the Merrill Center, including some that penetrated the building’s façade. Substantively the case suggests there is no more liability arising from green building versus other construction, but that the liability is different.

Liability 120
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PFOA Contamination is Found in 49 States

Green Building Law Update

Adverse health impacts from PFOA are being policed by the marketplace and enforced by the rule of law through these common law state tort liability suits. Troubling to some is that green building programs, including LEED’s Materials & Resources credits do not track or even take into account PFOA. Some suggest the U.S. In the U.S.

Liability 120
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Litigation over First LEED Platinum Building Comes to an End

Green Building Law Update

SmithGroup’s ‘green’ design called for exposed structural wood members outside the envelope of the Merrill Center, including some that penetrated the building’s façade. to design the Philip Merrill Environmental Center, CBF’s headquarters, on the Chesapeake Bay in Annapolis, Maryland.

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You Should Not Contract With Your Environmental Consultant

Green Building Law Update

What is described here is much more than simply good drafting of consultant contacts (e.g., Third, environmental services contracts with an attorney almost always also include a broad confidentiality provision encompassing the contract itself, the scope of services, any test result, all reports (that should be only in draft form), and more.

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Four New LEED Pilot Credits Respond to COVID-19

Green Building Law Update

Green Building Council has now added two additional Pilot Credits responding to the novel coronavirus. Green Building Council has announced that LEED will play a role in confronting risk in the coronavirus pandemic era. Green building is a subset of that essential real estate sector.

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