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Author Archive | Stephen Del Percio

In First Appellate Decision to Consider EPCA Preemption, Ninth Circuit Upholds Washington State Energy Efficiency Code

The Ninth Circuit Court of Appeals has upheld the Western District of Washington’s decision in BIAW et al. v. Washington State Building Code Council, allowing disputed amendments to the state’s energy efficiency code to take effect under the building code exception to federal preemption in EPCA.

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In Third Parties We Trust? The Growing Antitrust Impact of Third-Party Green Building Certification Systems for State and Local Governments (Abstract)

In Third Parties We Trust? The Growing Antitrust Impact of Third-Party Green Building Certification Systems for State and Local Governments has been published in the University of Oregon’s Journal of Environmental Law and Litigation and builds upon a small – but growing – volume of scholarship in this important area of green building law.

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