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.

Copyright Concerns Could KO Proposed Delaware Green Building Legislation

Copyright concerns over green building amendments to Newark, Delaware's building codes suggest some interesting questions about sovereign immunity and additional legal considerations for policymakers who may incorporate LEED into state- or local-level legislation.

Building Industry Association of Washington Files Federal Lawsuit to Block Amended State Energy Code

Filed in United States District Court for the Western District of Washington, Building Industry Association of Washington et al. v. Washington State Building Code Council alleges that certain amendments to the Washington State Energy Code that were passed back in November are preempted by various federal regulations, including the National Appliance Energy Conservation Act of 1987 and the Energy Policy Act of 1992, on the basis that they require homes to have HVAC, plumbing, or water heating equipment whose efficiency exceeds the standards set by the federal government in applicable legislation.

Unit Owners File Suit Against LEED Gold-Hopeful Riverhouse in Battery Park City

In Battery Park City, the owners of a condominium unit at the LEED Gold-hopeful Riverhouse development are alleging that the project’s developer breached the terms of its offering plan by failing to deliver the “green” building systems that were specified within the plan.

USGBC Upholds LEED Gold Certification of Northland Pines High School

USGBC has denied an appeal which challenged the LEED Gold certification awarded to the Northland Pines High School in Eagle River, Wisconsin back in 2007; the appellants claimed that – among other alleged failures – the school’s design failed to satisfy certain Energy & Atmosphere prerequisites which – under LEED-NC Version 2.1 – would be a basis for USGBC to revoke the project’s LEED rating.

What Is Builder’s Risk Insurance and Should I Purchase It For My Green Construction Project?

One area of the property insurance market which has seen an increase in green building policy endorsements over the past year is the builder’s risk market, but determining exactly what these endorsements are meant to cover in the event of a loss is still an important consideration for project teams.

How Might Courts Construe Permitted Use Clauses in Green Commercial Leases?

An interesting legal question that could eventually arise in the green lease context is exactly how a court would construe aspirational clauses in the event the parties dispute exactly how “aspirational” those clauses should be.

Remedies in Review: DBIA’s Sustainable Project Goals Construction Contract Exhibit

The Design-Build Institute of America’s Sustainable Project Goals Exhibit, which was released in May of 2009, contains some important risk management tools for all types of design and construction contracts.

Canadian Contractors Confronting Administrative Aspects of LEED Certification Process

As an increasing number of Canadian governments are considering the merits of LEED-driven legislation, Canada’s contractors are speaking out about the increased costs and associated red tape on projects that pursue third-party green building certification.

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

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

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

Mark Bloom
bloom.mark@arentfox.com
212.457.5410

James Frankel
frankel.james@arentfox.com
212.457.5409

Andrew Ross
ross.andrew@arentfox.com
212.484.3986

Eugene Scheiman
scheiman.eugene@arentfox.com
212.484.3949