Welcome to the latest edition of Arent Fox’s Green Real Estate Report - our newsletter designed to keep you informed about recent developments in green building and sustainability.

Defendants Move for Summary Judgment in BIAW et al. v. Washington State Building Code Council

The Washington State Building Code Council has moved for summary judgment in the federal action filed against it by the Building Industry Association of Washington, claiming that disputed amendments to the state energy code fall within the “building code exception” to preemption.

What’s Next for Henry Gifford’s Class Action Suit Against USGBC?

Attorneys for Henry Gifford and USGBC are discussing a list of injunctive measures, including the disclosure of actual energy bills for all LEED-certified buildings, in an apparent effort to settle Mr. Gifford’s class action lawsuit.

Australian Office Market Preparing for Mandatory Energy Disclosure Beginning November 1

Beginning on November 1, Australia is requiring landlords to disclose the energy efficiency of their office buildings when they either sell or lease space that is larger than 21,530 square feet.

Henry Gifford Leads Class Action Lawsuit Against USGBC in Southern District of New York

A group of plaintiffs led by Henry Gifford has filed a class action lawsuit against USGBC in United States District Court for the Southern District of New York.

District of New Mexico Rules on Plaintiffs’ Motion for Summary Judgment in AHRI et al. v. City of Albuquerque

United States District Court Judge Martha Vazquez has ruled on a motion for summary judgment filed by the plaintiffs back in September of 2009 that certain portions of Albuquerque’s Energy Conservation Code are preempted by federal legislation.

Green Leasing: Owners, Brokers Must Carefully Consider Interplay of LEED-EB:OM and LEED-CI

The interplay – or lack thereof – between individual LEED rating systems may create unanticipated liabilities for landlords and brokers who market LEED-EB:OM-certified space to tenants that subsequently pursue LEED-CI.

Cost Premiums, Risks Could Nix LEED Platinum at Silicon Valley Community College

After bids were opened for a 14,000-square-foot LEED Platinum building at a Silicon Valley community college at 20 percent over budget, the project’s architect identified LEED-related risks as the primary factor.

Study: Lack of FSC-Certified Wood Products Creating Green Construction “Bottleneck” in New York

A recent study published in the Forest Products Journal identifies a lack of FSC-certified wood products as creating a green construction “bottleneck,” and calls upon USGBC to open up its MR-7 Certified Wood credit to alternative forest certification regimes.

Is Canada “Avoiding” Exposure to Green Building Risks?

A recent article in a Canadian construction industry publication argues that Canada’s green building experience has – to date – avoided legal repercussions arising out of green construction projects.

Fireman’s Fund Releases “Next Generation” Green Building Property Insurance Policy Endorsement

Fireman’s Fund, which launched the green building property insurance market back in 2006, has released what it is calling its “next generation” of green building policy endorsements.

Portland Tenants Sign Green Leases at Unico Properties’ Commonwealth Building

In Oregon, two small commercial tenants have bucked prevailing market trends and signed green leases with Unico Properties at the historic 13-story Commonwealth Building in downtown Portland.

For more information on our green building expertise, please contact:

Stephen T. Del Percio
delpercio.stephen@arentfox.com

Mark Bloom
bloom.mark@arentfox.com

For more information on our Construction Practice Group, please contact:

Mark Bloom
bloom.mark@arentfox.com
212.457.5410