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	<title>Green Real Estate Law Journal &#187; Green Building Marketing</title>
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	<description>Current issues in sustainable building law for owners, builders, and design professionals.</description>
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		<title>&#8220;The Green Tragedy: LEED&#8217;s Lost Decade&#8221; Now in Print</title>
		<link>http://www.greenrealestatelaw.com/2009/12/the-green-tragedy-leeds-lost-decade-now-in-print/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=the-green-tragedy-leeds-lost-decade-now-in-print</link>
		<comments>http://www.greenrealestatelaw.com/2009/12/the-green-tragedy-leeds-lost-decade-now-in-print/#comments</comments>
		<pubDate>Fri, 04 Dec 2009 00:04:47 +0000</pubDate>
		<dc:creator>Stephen Del Percio</dc:creator>
				<category><![CDATA[Legislation & Other Regulatory Issues]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[green building legal issues]]></category>
		<category><![CDATA[Green Building Marketing]]></category>
		<category><![CDATA[Green Building Performance]]></category>
		<category><![CDATA[green building policy]]></category>
		<category><![CDATA[GRELJ]]></category>
		<category><![CDATA[LEED]]></category>
		<category><![CDATA[LEED Version 3.0]]></category>
		<category><![CDATA[Pat Murphy]]></category>
		<category><![CDATA[Stephen Del Percio]]></category>
		<category><![CDATA[The Green Tragedy: LEED's Lost Decade]]></category>
		<category><![CDATA[USGBC]]></category>

		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=411</guid>
		<description><![CDATA[<em>The Green Tragedy: LEED's Lost Decade</em> was released while I was away last month. Author and Community Solutions executive director Pat Murphy traces the historical argument promoting minimal green building cost premiums, reviews the ongoing marketing effort behind LEED, and concludes that policy makers should demand energy efficiency standards more akin to the German Passive House rather than "cheap quick 'green' solutions."]]></description>
			<content:encoded><![CDATA[<p><em>I&#8217;m glad to be back after a great wedding and honeymoon- thanks to everyone who passed along their regards. </em></p>
<p>Back in August, you may recall that Community Solutions executive director Pat Murphy authored <a href="http://www.greenrealestatelaw.com/2009/08/energy-performance-in-leed-buildings-a-history/" target="_self">the first piece of a three-part survey</a> titled &#8220;LEEDing from Behind: The Rise and Fall of Green Building,&#8221; which we noted here at GRELJ. Our article pointing you to the piece generated quite a bit of commentary and, now that Mr. Murphy has completed Parts 2 and 3, we thought we&#8217;d point you to his new book compiling the survey which is titled &#8220;The Green Tragedy: LEED&#8217;s Lost Decade.&#8221; The book was released while I was away last month and builds on Part 1 by tracing the historical argument promoting minimal green building cost premiums, reviewing the ongoing marketing efforts behind LEED, and concluding that policy makers should demand energy efficiency standards more akin to the German Passive House rather than &#8220;cheap quick &#8216;green&#8217; solutions.&#8221;</p>
<p>Interestingly, in the preface, Murphy observes that &#8220;[w]e are now faced with a movement to adopt LEED as part of our building codes. An over-marketed standard that is under serious attack for its poor energy performance is now being proposed and accepted by cities as a requirement for our buildings. The idea of accepting as law an inadequate standard that has been developed by the building industry &#8211; thereby allowing that industry to usurp the long-established methodology of setting building standards by government policy- is absurd and dangerous.&#8221;</p>
<p>In addition to their significant legal implications, these remarks resonate with <a href="http://www.greenrealestatelaw.com/2009/10/nibs-report-identifies-risk-and-policy-problems-from-green-building-rating-systems/" target="_self">the conclusions of the recent NIBS report</a> and, in my opinion, portend the types of critiques I believe we will see more forcefully in 2010 if LEED buildings do not perform at a statistically higher level under Version 3.0. Mr. Murphy&#8217;s book is <a href="http://www.greentragedy.org/" target="_self">available here</a>, and I look forward to continuing the robust discussion that emerged after we noted Part I here at GRELJ in the comments below.</p>
<ul>
<li><a href="http://www.greentragedy.org/" target="_self">The Green Tragedy: LEED&#8217;s Lost Decade</a></li>
</ul>
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		<title>The Role of Risk Management at Greenbuild versus West Coast Green</title>
		<link>http://www.greenrealestatelaw.com/2008/10/greenbuildwestcoastgreen/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=greenbuildwestcoastgreen</link>
		<comments>http://www.greenrealestatelaw.com/2008/10/greenbuildwestcoastgreen/#comments</comments>
		<pubDate>Fri, 31 Oct 2008 22:47:28 +0000</pubDate>
		<dc:creator>Stephen Del Percio</dc:creator>
				<category><![CDATA[Green Building Risk Management]]></category>
		<category><![CDATA[Green Construction Contracts]]></category>
		<category><![CDATA[green building contracts]]></category>
		<category><![CDATA[green building law]]></category>
		<category><![CDATA[Green Building Marketing]]></category>

		<guid isPermaLink="false">http://www.greenrealestatelaw.com/?p=37</guid>
		<description><![CDATA[I think it's interesting to compare the treatment that green building risk management issues received at Greenbuild as compared to West Coast Green. We pointed out over at gbNYC earlier this fall that the latter included a panel discussion titled “Packing a Parachute: Practices that Minimize Risk and Prompt Best Use of Green Features," while the legal issues associated with building green received very little attention at Greenbuild. As we have noted extensively at gbNYC, the West Coast Green panel similarly stressed that there is no such thing as a form green construction contract or "magic" green provision that can satisfactorily account for the risks associated with green construction. It's important for stakeholders - or other organizations staging similar conferences - to recognize that attorneys in this space are attempting to assist the industry in mitigating emerging risks up front, in the transactional context, rather than through litigation. ]]></description>
			<content:encoded><![CDATA[<p>I think it&#8217;s interesting to compare the treatment that green building risk management issues received at Greenbuild as compared to West Coast Green. We pointed out over at gbNYC earlier this fall that the latter included a panel discussion titled “Packing a Parachute: Practices that Minimize Risk and Prompt Best Use of Green Features,&#8221; while the legal issues associated with building green received very little attention at Greenbuild. As we have noted extensively at gbNYC, the West Coast Green panel similarly stressed that there is no such thing as a form green construction contract or &#8220;magic&#8221; green provision that can satisfactorily account for the risks associated with green construction. It&#8217;s important for stakeholders &#8211; or other organizations staging similar conferences &#8211; to recognize that attorneys in this space are attempting to assist the industry in mitigating emerging risks up front, in the transactional context, rather than through litigation (as was the unfortunate result of the <em>Shaw Development</em> case).</p>
<ul>
<li><a href="http://www.greenbuildingsnyc.com/2008/10/01/west-coast-green-panel-discusses-risk-management-for-green-building-projects/" target="_self">West Coast Green Panel Discusses Risk Management for Green Building Projects</a> (gbNYC)</li>
<li><a href="http://greenerbuildings.com/news/2008/09/29/minimizing-green-building-legal-risks" target="_blank">Minimizing Green Building Risks</a> (Greener Buildings)</li>
<li><a href="http://www.greenbuildinglawblog.com/2008/11/articles/green-building/listening-to-greenbuild/" target="_self">Listening to Greenbuild</a> (Green Building Law Blog)</li>
</ul>
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