Architecture

Title: Recent trend in green buildings laws: potential preemption of green building and whether retrofitting existing buildings will reduce greenhouse gases and save the economy

Author(s): Erin Burg Hupp

Source: The Urban Lawyer. 41.3 (Summer 2009): p489.

Document Type: Article

Copyright : COPYRIGHT 2009 American Bar Association

http://www.abanet.org

Full Text:

A GREEN BUILDING REGULATION TREND is sweeping the nation. Green building expenditures in 2005 were approximately $10 billion, growing to somewhere between $36 billion and $49 billion in 2008. (1) This trend was put in motion in part by state and local green building regulations. Over thirty cities and counties in California alone have enacted green building ordinances that apply to civic, residential or commercial buildings. (2) As green building regulations become common place, two questions have emerged: first, whether the economy will help or hinder the green building industry; and second, whether federal laws preempt ambitious, strict local regulations.

I. Green Building Ordinance Background and Trends

Green building regulations are being enacted monthly. These regulations may be voluntary, mandatory or hybrid, and affect civic, residential or commercial development. Although green building regulations differ, all regulations nationwide are requiring third-party certification.

A. Green Building Standards

LEED[TM] certification is the most prolific of the national green building certification standards. LEED[TM], which stands for Leadership in Energy and Environmental Design, is a third-party green building rating system developed by the United States Green Building Council (USGBC). Currently, there are six categories of LEED[TM] certification which are applicable to new construction, core and shell, commercial interiors, existing buildings, schools, retail, healthcare, neighborhood development and homes. (3) Buildings are allotted points in five key areas: 1) sustainable site...