Welcome to the latest edition of Arent Fox’s Green Real Estate Report, highlighting recent legal developments of interest to the green building industry.

Review: Green Building Opportunity Index 2011 & Midtown Manhattan Profile Report

Cushman & Wakefield, in collaboration with the Northwest Energy Efficiency Alliance’s BetterBricks Initiative, recently released its second annual Green Building Opportunity Index and, for the first time, separately profiled 2 of the top 10 markets, including Midtown Manhattan, in significant detail.

Supreme Court of Pennsylvania Rejects Contractor’s LEED-Driven Bid Protest

The Supreme Court of Pennsylvania has rejected a LEED-driven bid protest filed by an electrical contractor arising out of the award of a $20 million contract for a new 14-story, Ewing Cole-designed Family Court building in center city Philadelphia

Yale Building’s Proposed Green Features Help Uphold Zoning Amendment in State Court Appeal

The Superior Court of Connecticut has upheld a New Haven zoning amendment allowing Yale to proceed with construction of a new School of Management campus based in part on its green design and potential LEED certification.

Geothermal Problems Could Shut Down Cooling System at Mission Critical Green Building

A malfunctioning geothermal heating and cooling system at the Sussex County Emergency Operations Center in Georgetown, Delaware has officials scrambling for a temporary solution before the summer heat begins in earnest.

“Shadow Government?” Boston Architect Questions Propriety of LEED-Driven Legislation

A recent article published by the Boston Society of Architects points to Gifford et al. v. USGBC and asks whether it is time to “revisit” the “assumption” that a private regulatory body is best suited to supervise local green building policy.

Oregon Building’s Green Features & LEED Certification Play Role in Property Tax Appeal

Ownership’s dispute of the assessed market value of the Elements Building in Corvallis has resulted in a written opinion from the Oregon Tax Court involving the building’s green design features.

New York City Buildings Opening Doors for Green Tech Startups

New York City is accepting applications from startup companies interested in testing innovative new green building products in city-owned buildings.

At LEED Gold 7 WTC, Law Firm Signs New York City’s First Green Lease

Silverstein Properties has incorporated the Mayor’s Green Leasing Language into a 210,000-square-foot lease at New York City’s first LEED Gold-certified commercial office building.

Pointing to “Recession-Proof” Market, Green Building Supplier Brings Antitrust Suit Against Recycled-Content Flooring Manufacturer

A recent suit filed in the Central District of California suggests that the booming green building market is also greasing the wheels for commercial disputes between industry stakeholders.

Bain v. Vertex Architects: Firm “Failed to Diligently Pursue and Obtain LEED for Homes Certification from USGBC”

A lawsuit filed last fall in Cook County (Illinois) Circuit Court appears to be the first to allege that a party failed to “pursue and obtain” LEED certification as required by the contract documents.

Country’s First Green Energy REIT Launches in New York City

A new Manhattan-based REIT is the first in the country to invest exclusively in real estate used for the generation or transmission of electricity produced by alternative energy sources.

Destined for Disaster? “Revolutionary” Green Bond Financing for Syracuse Mega-Project In Jeopardy

The “revolutionary” green bond financing for the ambitious Destiny USA mega-mall project in Syracuse, New York may lose its tax-exempt status because the developer has failed to incorporate certain green design features as promised in its application to the IRS for the exemption.

Green Building Contracts: Considering the Roles of Consequential Damages & Limitation of Liability Provisions (Abstract)

An article about this important topic has been published as the lead feature article in a recent issue of the Loyola Consumer Law Review.

Court Grants Summary Judgment to Defendants in BIAW et al. v. Washington State Building Code Council

The Western District of Washington’s decision will allow disputed amendments to the Washington State Energy Code to take effect.

In Toronto, Ontario Municipal Board Rejects Request for LEED-Based Project Variance

The proposed design for a 3-story home in the Kingsway section of Toronto does not qualify for a variance based on the project’s proposed LEED certification.

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