| Preface |
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xv | |
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| About the Editors |
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xix | |
| About the Contributors |
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xxi | |
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Part One OVERVIEW OF GREEN BUILDINGS AND THEIR RATING SYSTEMS |
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Chapter One Overview of Green Buildings |
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3 | (12) |
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3 | (1) |
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What Makes Buildings Green? |
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3 | (2) |
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Definitions of "Green Building" |
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4 | (1) |
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The Most Important Element: The Efficient Use of Energy |
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4 | (1) |
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The Reality of the Built Environment: The Problem of Existing Buildings |
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5 | (1) |
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Impacts of Conventional Buildings That Green Buildings Seek to Rectify |
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5 | (6) |
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5 | (2) |
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Greenhouse Gas Emissions and Indoor Air Pollution |
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7 | (1) |
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8 | (1) |
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9 | (1) |
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10 | (1) |
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Construction, Operation, and Demolition Waste |
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11 | (1) |
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The Role of Lawyers in Green Building |
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11 | (4) |
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Chapter Two Green Building Rating Systems and Green Leases |
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15 | (22) |
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15 | (1) |
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Green Building Rating Systems in General |
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15 | (1) |
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Leadership in Energy and Environmental Design (LEED) |
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16 | (9) |
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Background and Development of LEED |
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16 | (1) |
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17 | (4) |
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LEED Certification Submittal Process |
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21 | (1) |
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LEED Certification Appeals Process |
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22 | (1) |
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Criticisms of LEED and Its Evolution |
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23 | (2) |
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25 | (1) |
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Other Green Building Rating Systems |
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25 | (3) |
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Building Research Establishment's Environmental Assessment Method |
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26 | (1) |
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26 | (1) |
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27 | (1) |
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Green Guide for Healthcare |
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27 | (1) |
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Regional Residential Rating Systems |
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27 | (1) |
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Green Leasing Systems/Measurements |
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28 | (3) |
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28 | (1) |
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Green Leasing Frameworks and Guides |
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28 | (1) |
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Unique Legal Issues for Green Leases |
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29 | (2) |
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31 | (6) |
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Part Two FEDERAL, STATE, AND LOCAL GOVERNMENTAL INITIATIVES |
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Chapter Three Federal Government Initiatives to Promote Green Building and Sustainable Development |
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37 | (34) |
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37 | (1) |
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38 | (7) |
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The Energy Policy Act of 1992 |
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38 | (1) |
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The Energy Policy Act of 2005 |
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39 | (1) |
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The Energy Independence and Security Act of 2007 |
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39 | (2) |
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The American Recovery and Reinvestment Act of 2009 |
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41 | (2) |
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The American Clean Energy and Security Act of 2009 |
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43 | (2) |
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Leading by Example: Furthering Green Building Practices in the Executive Branch |
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45 | (4) |
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45 | (1) |
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Sustainable Buildings Memorandum of Understanding |
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46 | (2) |
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48 | (1) |
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Executive Order on Federal Sustainability |
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48 | (1) |
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The Bully Pulpit: The Federal Government's Use of Voluntary Programs to Promote Green Building in the Private Sector |
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49 | (12) |
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Before Construction Starts: Green Design and Green Building Materials |
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49 | (1) |
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Storm Water Management During and After Construction |
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50 | (2) |
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Green Construction Equipment |
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52 | (2) |
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54 | (4) |
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Greening the Indoor Environment |
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58 | (2) |
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Greening the Outdoor Environment |
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60 | (1) |
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Planning for the End of Building Life |
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60 | (1) |
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61 | (10) |
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Chapter Four State and Local Green Building Laws and Initiatives |
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71 | (32) |
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71 | (1) |
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Selected State Green Building Initiatives |
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71 | (10) |
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Statewide Green Building Codes |
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72 | (1) |
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State Legislation Concerning Green Buildings |
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73 | (2) |
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State Executive Orders Concerning Green Buildings |
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75 | (1) |
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Greenhouse Gas Reduction Legislation |
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76 | (2) |
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78 | (1) |
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Other Financial Incentives |
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79 | (1) |
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Technology-Specific Incentives |
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80 | (1) |
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81 | (4) |
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Larger Municipalities---Private Construction |
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82 | (1) |
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Smaller Municipalities---Private Construction |
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83 | (2) |
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Non-governmental Initiatives |
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85 | (1) |
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Questions about LEED Building Performance as Basis for Policy Making |
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86 | (1) |
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Legal Obstacles to Implementing State and Local Green Building Legislation |
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87 | (16) |
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Causes of Action Challenging State- or Local-Level Green Building Legislation |
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87 | (5) |
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Corresponding Drafting Considerations for Policy Makers and Legislators |
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92 | (11) |
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Part Three FINANCING AND ALTERNATIVE ENERGY OPTIONS |
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Chapter Five Green Building Financing |
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103 | (22) |
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103 | (1) |
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Federal Financing Options |
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104 | (5) |
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104 | (1) |
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Energy-Efficient Mortgages |
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105 | (2) |
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Federal Tax Incentives in the Internal Revenue Code |
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107 | (2) |
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State and Local Financing Options |
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109 | (9) |
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109 | (6) |
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Municipal Financing Options |
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115 | (3) |
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118 | (7) |
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Chapter Six Alternative Energy Options for Buildings: Distributed Generation---Power Generation On or Near Buildings |
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125 | (44) |
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125 | (1) |
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126 | (4) |
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126 | (3) |
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129 | (1) |
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Performance Contracting/Reducing Energy Use in Existing Buildings |
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130 | (1) |
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On-Site Generation of Power |
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131 | (3) |
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131 | (1) |
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Combined Heat and Power/Cogeneration |
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132 | (2) |
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134 | (8) |
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135 | (3) |
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138 | (2) |
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140 | (1) |
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141 | (1) |
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142 | (1) |
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Interaction of Distributed Resources with Central Generation |
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142 | (1) |
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Installing On-Site Generation |
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143 | (13) |
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Energy Services Agreement |
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143 | (1) |
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144 | (1) |
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144 | (2) |
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Construction Contract Characteristics |
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146 | (2) |
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Operations and Maintenance (O&M)/Performance over Period of Contract |
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148 | (2) |
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Sophisticated Energy Management Services |
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150 | (1) |
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151 | (1) |
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Incentives and Renewable Energy Credits |
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152 | (4) |
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Things to Watch Out For in DG Projects |
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156 | (6) |
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156 | (3) |
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Relationship with the Local Utility---Standby Tariffs |
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159 | (1) |
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160 | (1) |
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Land Use/Permitting Issues |
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161 | (1) |
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Integrated Building Design |
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162 | (7) |
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Chapter Seven Energy Performance Contracting for Buildings |
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169 | (26) |
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169 | (1) |
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Energy Performance Contracting |
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170 | (1) |
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Energy Performance Contract Customers |
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171 | (1) |
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Components of an Energy Performance Contract |
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172 | (8) |
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Initial Energy Assessment |
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173 | (1) |
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174 | (1) |
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Procurement/Installation Phase |
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174 | (3) |
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177 | (1) |
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Performance Period---M&V and O&M |
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177 | (3) |
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Government Contracting Aspects |
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180 | (3) |
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Financing Energy Improvements |
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183 | (3) |
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186 | (1) |
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187 | (1) |
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Performance Contracting for New Buildings |
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188 | (7) |
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Part Four PRACTICAL ISSUES IN BUILDING GREEN: SITING, MATERIALS, WATER USE, AND RETROFITTING |
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Chapter Eight Site Selection and Land Use Planning |
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195 | (22) |
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195 | (3) |
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198 | (19) |
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198 | (1) |
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199 | (1) |
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Transit-Oriented Development |
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200 | (1) |
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200 | (1) |
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201 | (1) |
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201 | (1) |
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201 | (1) |
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Urban Containment Regulations |
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202 | (1) |
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203 | (1) |
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Transfer of Development Rights Programs |
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204 | (1) |
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Using Environmental Reviews to Assess Greenhouse Gas Emissions |
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204 | (1) |
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Greening Comprehensive Plans and Performing Green Audits |
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205 | (12) |
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Chapter Nine Green Materials and Construction |
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217 | (32) |
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What Is Green Construction? |
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217 | (2) |
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Why Green Construction Is Necessary |
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218 | (1) |
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Benefits of Using Green Materials and Green Construction Methods |
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218 | (1) |
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Evaluating Green Projects Using Life-Cycle Construction |
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219 | (1) |
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Environmental Costs of Traditional Building Materials and Methods |
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219 | (2) |
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219 | (1) |
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219 | (1) |
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Health, Indoor Air Quality, and Volatile Organic Compounds |
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220 | (1) |
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Common Green Building Materials |
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221 | (10) |
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Reused and Repurposed Materials |
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221 | (1) |
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222 | (1) |
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223 | (1) |
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224 | (1) |
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225 | (1) |
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226 | (1) |
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Rapidly Renewable Materials |
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227 | (1) |
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Locally Sourced Materials |
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228 | (3) |
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Green Building Job-Site Construction Considerations |
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231 | (7) |
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Demolition versus Deconstruction |
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231 | (4) |
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Construction Air Emissions |
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235 | (3) |
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Incorporating Green Elements into Construction Contracts |
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238 | (11) |
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The Importance of Specifying Goals and Strategies |
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239 | (1) |
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The Danger in Using Form Contracts |
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239 | (1) |
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Specifications to Include in a Green Building Contract |
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240 | (1) |
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Public Construction and Sustainability Specifications |
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241 | (8) |
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Chapter Ten Water Use and Management in Buildings |
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249 | (24) |
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The Increasing Importance of Water Use in Buildings |
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249 | (1) |
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250 | (6) |
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Improving Indoor Water Efficiency |
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250 | (1) |
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Laws and Programs Regarding Indoor Water Use |
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251 | (4) |
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Selected State and Local Indoor Water Use Regulations |
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255 | (1) |
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256 | (6) |
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257 | (1) |
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258 | (3) |
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Gray Water Irrigation, Cisterns, and Rainwater Harvesting |
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261 | (1) |
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Innovative Municipal Regulations Concerning Building Water Use |
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262 | (2) |
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Reducing Water Used for Yard Irrigation |
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262 | (1) |
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Promoting Groundwater Recharge |
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263 | (1) |
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Reducing Per Capita Water Use |
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263 | (1) |
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Storm Water Innovation and Mitigation |
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263 | (1) |
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264 | (1) |
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264 | (9) |
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Chapter Eleven Retrofitting |
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273 | (28) |
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Standards and Methods for Improving Building Energy Efficiency |
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274 | (7) |
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LEED Criteria for Existing Buildings |
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274 | (6) |
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Other Third-Party Green Building Rating Systems |
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280 | (1) |
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Federal Requirements and Incentives for Retrofitting |
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281 | (4) |
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The American Recovery and Reinvestment Act of 2009 |
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281 | (2) |
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Other Federal Laws Regarding Retrofitting |
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283 | (1) |
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284 | (1) |
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Selected State Requirement, Policies, and Incentives for Retrofitting |
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285 | (4) |
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285 | (1) |
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286 | (1) |
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286 | (1) |
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286 | (1) |
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286 | (1) |
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286 | (3) |
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289 | (1) |
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Local Requirements and Incentives for Retrofitting |
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289 | (3) |
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289 | (1) |
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290 | (1) |
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290 | (1) |
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290 | (1) |
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Montgomery County, Maryland |
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290 | (1) |
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291 | (1) |
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Why Businesses Should Consider Retrofitting |
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292 | (1) |
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Retrofitting and Due Diligence |
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292 | (1) |
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292 | (1) |
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293 | (1) |
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Retrofitting and Green Leases |
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293 | (1) |
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Retrofitting and Historic Preservation Laws |
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294 | (1) |
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295 | (6) |
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Part Five EMERGING LEGAL AND MARKETING ISSUES AND ADAPTING BUILDINGS TO CLIMATE CHANGE |
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Chapter Twelve Emerging Legal Issues in Marketing Green Buildings |
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301 | (12) |
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301 | (1) |
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The Potential Legal Consequences of Making a False or Misleading Environmental Claim in General |
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302 | (2) |
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Federal Actions: The Federal Trade Commission |
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302 | (1) |
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303 | (1) |
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The Potential Legal Consequences of Making Certain Building-Related Claims |
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304 | (2) |
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Claims of General Environmental Benefit |
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304 | (1) |
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Building Certification Claims |
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304 | (1) |
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305 | (1) |
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Carbon Offset and Carbon-Neutral Claims |
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306 | (3) |
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306 | (1) |
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What Emissions Are Being Offset? |
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307 | (1) |
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Is the Source of the Carbon Offset Legitimate? |
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307 | (2) |
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309 | (4) |
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Chapter Thirteen Environmental Review and Climate Change Adaptation |
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313 | (46) |
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313 | (1) |
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Climate Change and Real Estate Environmental Review |
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314 | (17) |
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The Basics of Environmental Review |
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314 | (2) |
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Environmental Review Laws, Climate Change, and the Courts |
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316 | (1) |
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Adapting Environmental Review Laws to Address Climate-Change-Related Impacts of Real Estate Developments |
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316 | (2) |
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Incorporating Climate Change into the Environmental Review of Real Estate Projects |
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318 | (12) |
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Environmental Review Laws and Adapting Real Estate Development to Climate Change |
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330 | (1) |
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Adapting Buildings for Climate Change |
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331 | (28) |
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Flood Plain Sea-Level Rise: The State of Things |
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332 | (2) |
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State Approaches to Climate Change Adaptation for Buildings |
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334 | (10) |
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Other Approaches to Climate Change Adaptation for Buildings |
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344 | (1) |
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Final Thoughts on Adaptation |
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345 | (14) |
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Chapter Fourteen Emerging Legal Issues in Green Construction |
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359 | (16) |
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Introduction: The New Regulatory Environment |
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359 | (1) |
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Anatomy of Green Building Regulations |
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360 | (1) |
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Government Construction Regulations |
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360 | (1) |
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Mandatory Green Building Regulations |
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361 | (1) |
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361 | (1) |
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361 | (1) |
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Current Legal Challenges to Green Building |
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361 | (8) |
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Green Federalism: AHRI v. City of Albuquerque |
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361 | (2) |
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LEEDigation: Southern Builders v. Shaw Development |
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363 | (3) |
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Overbroad Financial Incentives: The Failure of the Las Vegas Green Building Tax Incentive |
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366 | (1) |
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Unenforceable Enforcement Mechanisms: District of Columbia's Green Building Act |
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367 | (2) |
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Identifying and Managing Potential Regulatory Risks |
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369 | (6) |
| Guide to Online Resources |
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375 | (10) |
| Index |
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385 | |
