Author: Stuart Kaplow

Stuart Kaplow is an environmental attorney and the principal at the law firm that bears his name, Stuart D. Kaplow, P.A.

Last week the 2014 version of the ASHRAE 189.1 Green Building Standard was published and became available for use. ANSI/ASHRAE/USGBC/IES Standard 189.1-2014, Standard for the Design of High-Performance, Green Buildings Except Low-Rise Residential Buildings, addresses site sustainability; water-use efficiency; energy Read more…


This week, the Baltimore City Council adopted the International Green Construction Code 2012 as an overlay to the City’s building, fire and related codes. Baltimore, the 26th most populous city in the country, was among the first jurisdictions, in 2007 Read more…


Election Day 2014 in which Republicans made big gains in Congress and statehouses across the country portends huge business opportunities for green building. As more conservative legislative bodies look to enact environmental and energy policies while driving up growth without Read more…


The Federal Trade Commission made public that its staff sent letters to 15 businesses last month warning that their biodegradable claims related to “oxodegradable” plastic waste bags may be deceptive. Oxodegradable plastic is supposedly made with an additive intended to Read more…


The U.S. Green Building Council has announced that projects will still be able to register under the current LEED 2009 through October 31, 2016. News of the extension of LEED 2009 began circulating this week and is being heralded and Read more…


Much has changed, but much has remained the same, in the arena of green building law mandates since March 18,2002, when the city of Normal, Illinois enacted Ordinance 4825, the first ever mandatory green building law, requiring LEED certification in Read more…


In 2015 the use of LEED v4 will become mandatory, a new 2015 International Green Construction Code will be available, an updated ASHRAE 189.1 will be published, the new ICC 700 National Green Building Standard will be approved, and there Read more…


Last week, a federal appeals court brought back from the dead, a more than $6 Million lawsuit filed over materials supplied in 2000 for the first ever LEED certified Platinum building. Despite that the unpublished opinion is not binding precedent, Read more…


A case filed last week in a California court is a prime example of the importance of contract documents in a LEED project. Earlier this year the City of Palo Alto gave notice firing Flintco Pacific, Inc., the general contractor Read more…


We are increasingly called upon to give legal opinions that a green building is LEED certified, ‘certifiable’ or otherwise really a green building. The purpose of a legal opinion given in a commercial real estate transaction is, most simply put, Read more…


On July 1st the U.S. Green Building Council released a change to LEED classifying electronic cigarettes as a form of tobacco smoking for the purposes of the smoking prohibitions of the LEED Environmental Quality Prerequisite 2, Environmental Tobacco Smoke (ETS) Read more…


Last week, an ordinance was introduced in the Baltimore City Council for the purpose of adopting the International Green Construction Code. The IgCC will be adopted as an overlay in conjunction with existing building, fire and related codes and will Read more…


Last Friday, Ohio Governor John Kasich signed Senate Bill 310 freezing the state’s renewable energy portfolio and energy efficiency requirements at 2014 levels. Environmental activists decried the new state law by evoking apocalyptic fears of ecological collapse while characterizing renewable Read more…


The D.C. Circuit Court of Appeals has nullified the retail electric market Demand Response programs governed by the Federal Energy Regulatory Commission, putting a chink in the armor of the new EPA carbon curbs. Demand Response is defined in FERC’s Read more…

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