Green Building Law Update

OCTOBER 10, 2011

This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. The green building community seems to understand that green buildings do present new risks that must be managed and attorneys can help. Public Support for Green Declining. What is happening to "green"?

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Green Building Law Update

OCTOBER 28, 2018

Ruling that “the law,” 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. §

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Green United States Commissioning Foundation 159

Green Building Law Update

DECEMBER 1, 2013

Mandatory green building laws are spreading internationally from the Philippines to India. With more than 11 billion square feet across 175,000 projects being LEED certified worldwide, it should not be surprising that most of those new green building laws are LEED centric.

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Green Regulation Legal Drafting 120

Green Building Law Update

JULY 7, 2014

We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. One might ask why they need an opinion from a lawyer that their building is green? a mortgage) a green building. ASHRAE 189.1

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Green Legal Finance Baltimore 120

Green Building Law Update

DECEMBER 13, 2020

Fish and Wildlife Service proposed a regulation to finally resolve and codify the legal principal that an incidental bird take resulting from an otherwise lawful activity, for example a sparrows flies into a solar panel, is not prohibited under the Migratory Bird Treaty Act. Three weeks ago the U.S. The decision has been appealed.

Regulation 288

Regulation Legal United States New York 288

Green Building Law Update

NOVEMBER 15, 2020

And these questions are not unfounded because as of November 1, 2020, legal industry databases of state and federal litigation are tracking more than 6,100 cases involving Covid-19 claims. With Covid-19 spreading across the U.S. With Covid-19 spreading across the U.S.

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Liability Legal Claims Insurance 293

Green Building Law Update

MAY 6, 2018

With the upcoming May 25, 2018 effective date for the new European General Data Protection Regulation, the European Union law drafted to provide greater protections for the personal data of individuals, it is a good time to review and consider the large quantity of data generated by green buildings. Many small U.S.

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Green Organization Regulation Risk 120

Green Building Law Update

DECEMBER 3, 2017

Green buildings generate large quantities of data. In an age when many have opinions about Edward Snowden’s disclosures, foreign state sponsored hacking, and Uber’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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Green Risk Claims Drafting 120

Green Building Law Update

FEBRUARY 13, 2022

Two separate regulations were “laid before Parliament by Command of Her Majesty and approved by a resolution of each House of Parliament”. These new laws are the Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 and the Limited Liability Partnerships (Climate-related Financial Disclosure) Regulations 2022.

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Regulation Risk Sustainability Management 194

Green Building Law Update

AUGUST 29, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Some have questioned should this bill be legally challenged, would a reviewing court find it violates the Equal Protection Clause of the U.S. We suggest not.

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Maryland Legal Regulation Alaska 156

Construction Law Monitor

OCTOBER 13, 2010

Here is a truth: Green Building is not a fad. Between 2005 and 2008, the Green Building Construction industry has grown by 500%, from a $10 billion industry to a $49b industry. McGraw-Hill Trends Driving Change Report’s Green Outlook 2009 predicts the industry tripling between now and 2013, to a $140b market.

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Legal Green Conference Louisiana 58

Constructlaw

OCTOBER 3, 2023

The trend toward sustainability and green buildings continues, with regulations such as New York City’s Local Law 97 mandating emission cuts from 2024. Troutman Pepper’s Construction Practice Group, recognized by Law360, Construction Executive , Chambers USA , The Legal 500 United States , and U.S.

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United States New York Construction Legal 52

Green Building Law Update

MAY 30, 2021

While the idea of ESG began in 2004 with a United Nations initiative to influence capital in non Western markets, in 2021 the legal and political institutions in the United States and the EU are demanding those ideas be implementing with due haste. If each country (. If each country (.

Regulation 156

Regulation Sustainability IDEA United States 156

Green Building Law Update

NOVEMBER 14, 2021

This market driver is, of course, before any real ESG regulation in the U.S.”. And regulation is already here that impacts some small businesses. The electric utility monopolies are an industry that doth protest too much, methinks, made wealthy by government regulation, whatever the pendulum swing of that regulation.

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Maryland Regulation Electrical Legal 177

Green Building Law Update

FEBRUARY 6, 2022

Pendent to those Scope 3 downstream businesses, many more will be impacted by this California law and other coming ESG regulation, enabling a large number of businesses to do their part to repair the world while taking advantage of ESG opportunities. government and The Group of Seven. yes, this blog will continue).

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Commercial California Green Organization 156

Green Building Law Update

AUGUST 9, 2020

Montgomery County, Maryland is on the cusp of being the first to adopt the 2018 International Green Construction Code. The proposed Executive Regulation 12-20 appeared in the Montgomery County Register on August 1. A public hearing will be held on proposed regulation on September 3. But apparently not for long.

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Regulation Green Denver Permits 69

Green Building Law Update

JULY 25, 2021

Some believe this tying the consideration to “current” standards, as opposed to the regulator determination at the time the tank was closed, creates a Faustian bargain for the environmental professional, and will greatly limit the supremely valuable designation of HRECS. This new text only exacerbates a prior bad word choice. of this report.

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Site Drafting United States Regulation 296

Green Building Law Update

NOVEMBER 1, 2021

ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (. yes, this blog will continue). This post originally appeared in that blog.

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Plans Management Regulation Risk 156

Green Building Law Update

SEPTEMBER 20, 2020

Longstanding Federal law requires disclosure of “any material pending legal proceedings, other than ordinary routine litigation incidental to the business, to which a [public company] or any of its subsidiaries is a party or of which any of their property is subject.” And this intentional omission is in a climate when the subject is hot.

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Regulation Risk Materials Legal 177

Green Building Law Update

JANUARY 24, 2021

In an initial move, the only Department of Labor regulation listed for review by the Biden Administration is the so called ESG Rule published in the Federal Register on November 13, greatly limiting the use of ESG information in certain retirement plans. And with ESG disclosure regulation in the U.S.

Regulation 156

Regulation Claims Risk Legal 156

Green Building Law Update

MARCH 29, 2020

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. ” Of paramount import “[a]ll enforcement discretion set forth in this temporary policy is conditioned on.

Regulation 156

Regulation Legal Environment Mobility 156

Green Building Law Update

JANUARY 2, 2022

Still with almost no regulation, funds that elect to focus on companies’ ESG practices may have broad discretion in how they apply ESG factors to their investments. The Department of Labor published a proposed rule in November removing barriers to the use of ESG factors, which regulation will be final in 2022.

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Green Building Law Update

NOVEMBER 21, 2021

Some believe this tying of the consideration to “current” standards, as opposed to the regulator determination at the time the tank was closed, creates a Faustian bargain for the environmental professional, and will greatly limit the supremely valuable designation of HRECS. 9601) and petroleum products.”. yes, this blog will continue).

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Site Liability United States Green 156

Green Building Law Update

SEPTEMBER 18, 2016

Cannabis cultivation is not new, but beginning in the 1990s when states began to legalize medical marijuana and recently as state laws evolved, decriminalizing and legalizing recreational use of cannabis, the burgeoning industry has brought with it environmental implications, including of water and energy use.

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Legal Regulation Oregon Colorado 120

Green Building Law Update

JANUARY 30, 2022

In the most compelling response, 86% believe there will be mandatory ESG disclosures and more ESG regulation within the next 12 months. Particularly forward thinking and looking for certainty, 62% favor mandatory ESG disclosures and more ESG regulation within the next 12 months. yes, this blog will continue).

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Statistics Regulation Legal Profitability 156

BD+C

MAY 25, 2023

Polly Osborne Designers / Specifiers / Landscape Architects Engineers Architects Regulations Biophilic Design Sustainable Development Sustainable Design and Construction Urban Planning When we spend time in nature, we instinctively feel its value. There’s more focus than ever on the environmental impact of construction projects.

Construction 116

Construction Regulation Site Sustainability 116

Green Building Law Update

DECEMBER 5, 2021

in a state where the majority of rain in cities and towns flows into storm drains dumping into the Pacific Ocean), including a draft emergency regulation that among other things makes washing a car without a shut-off nozzle punishable by a fine. This looming water curb and excessively severe public policy (. yes, this blog will continue).

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Mississippi New York New York City Memphis 156

Construction Law

MARCH 1, 2024

News Our regular news round up includes a call from insurance companies for pilot projects to find investment models for green infrastructure; failure of another legal challenge to the Stonehenge project; and a warning that the new Building Safety Regulator is looking for a high profile prosecution to make a point.

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Insurance Claims Safety Legal 40

Green Building Law Update

NOVEMBER 28, 2021

Do you believe there will be mandatory ESG disclosures and more ESG regulation within the next 12 months? Do you favor of mandatory ESG disclosures and more ESG regulation within the next 12 months? Do you expect investors will reward companies that have communicated a net-zero plans with a premium? yes, this blog will continue).

Regulation 156

Regulation Legal Consulting Maryland 156

Green Building Law Update

JUNE 13, 2021

Fish and Wildlife Service announced a proposed rule to restore criminal penalties for accidental killing of migratory birds, revoking the January 7, 2021, final regulation that limited the enforcement of the 1918 Migratory Bird Treaty Act. Last week, the U.S. paraphrasing Harper Lee. That has been the letter of the law for the past century.”.

Electrical 278

Electrical Regulation Estimating United States 278

Green Building Law Update

FEBRUARY 9, 2020

Owners of wind turbines and of solar panel farms have had their modern environmentally friendly and legal businesses criminalized under the World War I era MBTA regulatory scheme. In a 2013 blog post I wrote about Duke Energy’s guilty plea in the First Ever Criminal Prosecution for Deaths of Birds by Wind Turbine.

Regulation 156

Regulation Injury Legal America 156

Green Building Law Update

DECEMBER 1, 2011

Over the past year, I've been lucky enough to get to know Jeremy Sigmon at the US Green Building Council. It has been a busy year for him with the introduction of the International Green Construction Code (IGCC). I will also be participating in an upcoming green building legal webinar with the ABA Fidelity and Surety Law Committee.

Green 159

Green Liability Legal Risk 159

Green Building Law Update

MAY 14, 2017

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. And that ASHRAE 189.1 has only be implemented by the U.S.

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Green Certification Foundation Innovation 120

Green Building Law Update

DECEMBER 1, 2019

The 2018 International Green Construction Code was released on November 8, 2018 but more than a year later, it has not been adopted anywhere. Many code officials have concluded the 2018 IgCC is not a good building code, green or otherwise. for the Design of High Performance Green Buildings Except Low-Rise Residential Buildings.

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Green Maryland Site Certification 156

Green Building Law Update

APRIL 3, 2022

Another commonly cited example of a race neutral measure that responds to inequality and promotes corporate diversity is the Security and Exchange Commission’s own self-assessment tool, available on its website, for evaluating the diversity policies and practices of entities regulated by the agency. yes, this blog will continue).

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Discrimination Regulation Legal Security 156

Green Building Law Update

JANUARY 31, 2021

Additionally, there are a limited number of places where PFAS is regulated as state hazardous substance, like Michigan where should likely be included in a Phase I. The term “recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property.”. “.

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Site Commercial United States Regulation 156

Green Building Law Update

MAY 5, 2019

It is widely accepted that a local government attempting to ban a legal substance is wrong. Together, these factors point in one direction: the State has not prohibited local governments from regulating pesticides in the manner addressed by the County. The circuit court issued a declaratory judgment that Bill No.

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Maryland Regulation Risk Permits 120