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 [...]
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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 [...]
Filed under: Uncategorized | Tagged: cap-ex, energy aligned lease, energy savings, green lease, lease, leasing, pass through cost, split incentive | Leave a Comment »
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 [...]
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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 [...]
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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 [...]
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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 [...]
Filed under: Uncategorized | Tagged: green building, nitrogen oxide, smog | Leave a Comment »
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 [...]
Filed under: Uncategorized | Tagged: certified wood, Forest Stewardship Council, FSC, ftc, green monopoly, LEED | Leave a Comment »
Gifford Files Amended Complaint in Gifford v. USGBC: See http://www.greenrealestatelaw.com/2011/02/class-action-no-more-gifford-led-plaintiffs-file-amended-complaint-against-usgbc/ http://www.greenbuildinglawblog.com/ Submitted by Jeffrey S. Wertman of Berger Singerman (JWertman@bergersingerman.com)
Filed under: Uncategorized | Tagged: class action, green litigation, LEED, USGBC | Leave a Comment »
A Syracuse, New York shopping center developer has failed to meet green-technology requirements for its $228 million in tax-exempt, 30-year green bonds used to help finance the first phase of its expansion of a mall into an entertainment and tourism center to be called ”Destiny USA.” The stage is now set for a host of lawsuits. See [...]
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