LEED for Neighborhood Development (LEED-ND)

 LEED for Neighborhood Development (“LEED-ND “) is a collaboration among the U.S. Green Building Council (USGBC), the Congress for the New Urbanism (CNU) and the Natural Resources Defense Council (NRDC).  The collaboration seeks to develop an environmental strategy that brings sustainability to the scale of neighborhoods and communities. This new venture known as LEED for [...]

Florida’s Local Government Sustainable Development Code Provisions

Florida’s growth management legislative landscape experienced a tectonic shift in 2011. Since the passage of the 1985 Local Government Comprehensive Planning and Land Development Regulation Act, Florida has experienced top-down environmental leadership from the state executive and legislative branches. In 2011, Florida legislators and Governor Scott fundamentally transformed Florida’s land use and growth management structure [...]

Dismissal of Gifford V. USGBC (S.D.N.Y)

On August 15, 2011, the U.S. District Court for the Southern District of New York dismissed with prejudice the federal law claims brought against the U.S. Green Building Council by Henry Gifford and others.  The court ruled that the plaintiffs did not have standing to sue under federal law.  “Plaintiffs plainly do not compete with [...]

Energy Aligned Lease

The City of New York Mayor’s Office of Long-Term Planning and Sustainability recently completed its Model Energy Aligned Lease and announced its use in a transaction at the 7 World Trade Center Building.   I think the innovative approach with the Energy Aligned Lease Language is a good step forward for trying to manage the “split [...]

UPDATE ON GIFFORD V. USGBC (S.D.N.Y)

Henry Gifford filed his opposition to the U.S. Green Building Council’s motion to dismiss Gifford’s amended complaint on May 2, 2011.  Gifford’s argues, among other things, that (1) direct competition is not a requirement for Lanham Act standing; (2) as competitors in a niche market, plaintiffs are especially likely to be harmed by the USGBC’s [...]

New Guide Available: Negotiating Leases in the Era of Green Building

This informative 42-page guide written by Paul D’Arelli provides a “plain English” presentation of issues and concepts that must be considered by landlords, tenants and their representatives in this new era of sustainability where traditional leasing is intersecting with green building pursuits and requirements. Rather than attempt to move the industry toward some new model [...]

UPDATE ON GIFFORD V. USGBC (S.D.N.Y)

Henry Gifford filed his opposition to the U.S. Green Building Council’s motion to dismiss Gifford’s amended complaint on May 2, 2011.  Gifford’s argues, among other things, that (1) direct competition is not a requirement for Lanham Act standing; (2) as competitors in a niche market, plaintiffs are especially likely to be harmed by the USGBC’s [...]

My Building Ate the Smog!

According to an article in the May 13, 2011, issue of USA Today, Alcoa is now selling building panels that have a titanium dioxide coating that reacts to nitrogen oxide in the air when exposed to sunlight, reducing it to a harmless power that is washed off by rain. Nitrogen oxide is the smog-causing compound [...]

Greening the Law –Live Presentation or Webcast

The Florida Bar Continuing Legal Education Committee And Real Property, Probate and Trust Law Section presents Greening the Law (1197R) Live Presentation or Webcast Friday,May 6, 2011 8:25 a.m. – 5:10 p.m. Eastern Standard Time Tampa Airport Marriott – Tampa, FL Credit Hours: 9.5 with 1 hour of ETHICS To register click the link below: [...]

The Battle Over Wood Certification Standards

On October 20, 2009, the Coalition for Fair Forest Certification (the “Coalition”) filed a complaint with the Federal Trade Commission (“FTC”) alleging anti-competitive behavior by the Forest Stewardship Council (“FSC”) and the United States Green Building Council (“USGBC”). The Coalition has requested that FTC investigate, through the Bureau of Consumer Protection, the alleged deceptive and unfair [...]

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