July 30, 2012 by Stephen
The long anticipated post-construction stormwater runnoff regulations have incurred yet another delay. The EPA announced that it is taking more time to consider and draft the regulations, which originally had a deadline of September 2011. The new deadline was supposed to be April 2012, but but that date also came and went. The EPA just announced that it will issue draft regulations by June 2013, and final regulations by December 2014.
Even the idea of the regulations is controversial, and some have opined that the delays may have something to do with the pending United States Presidential election. The new dates represent substantial delays from the original schedule. While many owners and construction companies welcome the delay, it does continue to provide uncertainty to the market, something for which the current administration has been criticized.
March 13, 2012 by Stephen
The New York State Bar Association has an interesting new article in its February 2012 Journal about green building and legal issues arising from it. Entitled “Leedigation” – The Latest on Leed and Green Building Legal Issues, the article, written by Earl K. Cantwell, Esq., goes into depth about the Leed green building rating system and then sets out to give some pointers on what construction firms and attorneys who deal with Leed Buildings should do.
The latest Leed rating system (number 3), which was effective as of 2009, is based on the following five primary and two secondary categories:
Sustainable Sites: 26 points
Water Efficiency: 10 points
Energy & Atmosphere: 35 points
Materials & Resources: 14 points
Indoor Environmental Quality: 15 points
LEED Innovation Credits: 6 points
Regional Priority Items: 4 points
The article suggests that there are some evolving LEED issues which may give rise to significant legal concerns:
Insurance Coverage Should Protect Again Potential LEEDigation.
Contracts Should Clearly Allocate Green Responsibilities
False or Overstated Green Marketing Statements (“Greenwashing”)
Identify Role Specific Green Risks
Liability for Failure to Document and Build the Book
Post Construction Reporting
To read the full text of the NYSBA article, pick up the Journal or register with the NYSBA.
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